Ireland Judgment

Celsa / ROM Group [2008] IECompA m08034 (7 November 2008)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The Competition Authority found that the proposed acquisition would not substantially lessen competition in any market for goods or services in the State, as the parties operate at different levels of the supply chain and sufficient competition remains post-transaction.

Court disposition

Cleared

Orders

  • The proposed acquisition of ROM Group Limited by Celsa Steel Service (UK) Limited is approved unconditionally.

02

Material facts

Parties

Celsa Steel Service (UK) Limited

Acquirer

ROM Group Limited

Target

03

Procedural history

  1. Posture

    Merger Notification / Phase 1 Clearance

04

Questions and positions

Legal issues

Whether the proposed acquisition of ROM Group Limited by Celsa Steel Service (UK) Limited would substantially lessen competition in the relevant markets.

Party arguments

Applicant
The acquisition would not result in a substantial lessening of competition as the parties operate at different levels of the supply chain and face significant competition from other market participants.
Respondent
No objections or counter-arguments from respondents or third parties were recorded.

05

Court’s reasoning

  1. 01

    Competition Act 2002 (Ireland)

    A merger or acquisition may only be prohibited if it would result in a substantial lessening of competition in any market for goods or services in the State.

06

Ratio, limits and disposition

Ratio decidendi

The Competition Authority found that the proposed acquisition would not substantially lessen competition in any market for goods or services in the State, as the parties operate at different levels of the supply chain and sufficient competition remains post-transaction.

Court disposition

Cleared

  • The proposed acquisition of ROM Group Limited by Celsa Steel Service (UK) Limited is approved unconditionally.

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

Judgment

Celsa / ROM Group [2008] IECompA m08034 (7 November 2008) [ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [

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BAILII >> Databases >> Irish Competition Authority Decisions >> Celsa / ROM Group [2008] IECompA m08034 (7 November 2008) URL: https://www.bailii.org/ie/cases/IECompA/2008/m08034.html Cite as: [2008] IECompA m8034, [2008] IECompA m08034 [ New search ] [ Help ] Celsa / ROM Group [2008] IECompA m08034 (7 November 2008) Page Attachment M08034-Celsa-ROM. 04.12.08 public_0.pdf (93.23 KB) (93.23 KB) M08034-Celsa-ROM. 04.12.08 public.pdf (93.23 KB) (93.23 KB) Transaction details Proposed acquisition by Celsa Steel Service (UK) Limited of the entire share capital of ROM Group Limited. Economic sector Media merger Manufacture of reinforcing steel products at an upstream level and the distribution of steel products at a downstream level. No Notification date: Friday, November 7, 2008 Parties Involved Business activities Connaught Airport Development Company Limited Knock Cargo Handling Limited Celsa: is a Spanish based company which manufactures a range of steel products from production facilities located in Spain, the UK, Poland and Norway. Celsa sells a range of steel products. Celsa Steel Service (UK) Rom: processes and distributes mesh, rebar, coil, accessories, prefabrication and geotechnical products from sites across the UK to customers in the construction industry. ROM Group Limited Case Officer Assigned Contact Details Ms. Victoria Balageur Tel:01-804 5451, email:vb@tca.ie The

deadline for any third parties who wish to make submissions regarding the competition aspects of this merger is: Phase 1 Thursday, November 20, 2008 Current status Completed Cleared (Phase 1) Decision date: Thursday, December 4, 2008 Competition and Consumer Protection Commission (Ireland) © BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/ie/cases/IECompA/2008/m08034.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Competition Act 2002 (Ireland)

Legislation

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