DHC / Middenberm / TMF [2008] IECompA m08023 (31 July 2008)
- Status
- Judgment
- Jurisdiction
- Ireland
- Posture
- Merger Notification / Determination
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Professional case brief
Research organized from the available case record
01
Holding and result
The proposed acquisition does not raise competition concerns and is cleared under Phase 1 review.
Court disposition
Cleared
Orders
- The proposed acquisition is approved and may proceed.
02
Material facts
Parties
Doughty Hanson & Co Limited
AcquirerMiddenberm Part Co. B. V.
AcquirerTMF Group Holdco BV Netherlands
Target03
Procedural history
Posture
Merger Notification / Determination
04
Questions and positions
Legal issues
Whether the proposed acquisition would substantially lessen competition in any market for goods or services in the State.
Party arguments
- Applicant
- The acquisition does not raise competition concerns as the parties operate in distinct markets and the transaction is a financial investment.
- Respondent
- No objections or adverse arguments from third parties or respondents are recorded.
05
Court’s reasoning
Legal principles
- 01
Competition Act 2002 (Ireland)
Assessment of mergers under the Competition Act 2002 to determine if the transaction would substantially lessen competition.
06
Ratio, limits and disposition
Ratio decidendi
The proposed acquisition does not raise competition concerns and is cleared under Phase 1 review.
Court disposition
Cleared
- The proposed acquisition is approved and may proceed.
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Irish Competition Authority Decisions >> DHC / Middenberm / TMF [2008] IECompA m08023 (31 July 2008) URL: https://www.bailii.org/ie/cases/IECompA/2008/m08023.html Cite as: [2008] IECompA m8023, [2008] IECompA m08023 [ New search ] [ Help ] DHC / Middenberm / TMF [2008] IECompA m08023 (31 July 2008) Page Attachment M08023 Determination PUBLIC_0.pdf (61.58 KB) (61.58 KB) M08023 Determination PUBLIC.pdf (61.58 KB) (61.58 KB) Transaction details "The proposed acquisition by Doughty Hanson & Co Limited and Middenberm Part Co. B. V. of TMF Group Holdco BV Netherlands. " Economic sector Media merger Outsourcing Services Yes Notification date: Thursday, July 31, 2008 Parties Involved Business activities Doughty Hanson & Co Limited is a private equity fund manager that directly or through its subsidiaries organises and administers a number of private equity investment funds on behalf of institutional and private investors. Middenberm Part Co. B. V. is a special purpose vehicle allowing individuals who are managers, other employees, consultants and advisors of TMF Group to make purely financial investments in TMF Group. TMF Group Holdco BV Netherlands is a global supplier of Administrative Outsourcing Services with 79 offices in 61 countries around the world. Den Norske Stats Oljeselskap A. S. Aral Aktiengesellschaft BP Oil International Limited Italiana Petroli S.
P. A. Mobil Europe Limited Case Officer Assigned Contact Details Anne Ellis Tel: 01-804 5423, email:ae@tca.ie The deadline for any third parties who wish to make submissions regarding the competition aspects of this merger is: Phase 1 Monday, August 11, 2008 Current status Completed Sent to the Minister (Phase 1) Decision date: Friday, August 15, 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/m08023.html
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