Ireland Judgment

Dalata / Cavernford / Vizmol [2016] IECompA m16006 (29 January 2016)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The Competition and Consumer Protection Commission found that the proposed acquisition would not substantially lessen competition in the hotel sector in Ireland or the UK and therefore cleared the transaction at Phase 1.

Court disposition

Cleared (Phase 1)

Orders

  • The proposed acquisition of the entire issued share capital of Cavernford Designated Activity Company and Vizmol Limited by Dalata Hotel Group p.l.c. is cleared.

02

Material facts

Parties

Dalata Hotel Group p.l.c.

Acquirer

Cavernford Designated Activity Company

Target

Vizmol Limited

Target

03

Procedural history

  1. Posture

    Merger Control / Phase 1 Clearance

04

Questions and positions

Legal issues

Whether the proposed acquisition of Cavernford Designated Activity Company and Vizmol Limited by Dalata Hotel Group p.l.c. would substantially lessen competition in the hotel sector.

Party arguments

Applicant
Dalata Hotel Group p.l.c. sought clearance for the acquisition, asserting that the transaction would not adversely affect competition in the relevant markets.
Respondent
No objections or adverse arguments from respondents or third parties are recorded.

05

Court’s reasoning

  1. 01

    Competition Act 2002 (Ireland)

    A merger or acquisition must not substantially lessen competition in any market for goods or services in the State.

06

Ratio, limits and disposition

Ratio decidendi

The Competition and Consumer Protection Commission found that the proposed acquisition would not substantially lessen competition in the hotel sector in Ireland or the UK and therefore cleared the transaction at Phase 1.

Court disposition

Cleared (Phase 1)

  • The proposed acquisition of the entire issued share capital of Cavernford Designated Activity Company and Vizmol Limited by Dalata Hotel Group p.l.c. is cleared.

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

Judgment

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BAILII >> Databases >> Irish Competition Authority Decisions >> Dalata / Cavernford / Vizmol [2016] IECompA m16006 (29 January 2016) URL: https://www.bailii.org/ie/cases/IECompA/2016/m16006.html Cite as: [2016] IECompA m16006 [ New search ] [ Help ] Dalata / Cavernford / Vizmol [2016] IECompA m16006 (29 January 2016) Page Attachment M-16-006 Merger Announcement - Dalata - Cavernford - Vizmol.pdf (237.47 KB) (237.47 KB) M-16-006 Dalata-Cavernford-Vizmol.pdf (534.11 KB) (534.11 KB) Transaction details The proposed acquisition of the entire issued share capital of Cavernford Designated Activity Company and Vizmol Limited by Dalata Hotel Group p.l.c. has been cleared by the Competition and Consumer Protection Commission. Economic sector Media merger The proposed transation involves the hotel sector. No Notification date: Friday, January 29, 2016 Parties Involved Business activities Dalata Hotel Group p.l.c. Dalata currently operates hotels which it either owns, leases or manages on behalf of third parties. Cavernford Designated Activity Company and Vizmol Limited Cavernford Designated Activity Company and Vizmol Limited are involved in operating hotels in Ireland and in the UK. Case Officer Assigned Contact Details Andrew Rae Tel: 01-470 3671, e-mail: andrewrae@ccpc.ie Media Enquiries MKC Communications: 01 7038600 The deadline for any third parties who wish to make submissions regarding the competition aspects of this merger is: Phase 1 Wednesday, February 17, 2016 Current status Completed Cleared (Phase 1) Decision date: Tuesday, March 8, 2016 Competition and Consumer Protection Commission (Ireland) © BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/ie/cases/IECompA/2016/m16006.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

Legislation referenced in the available case record.

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