First Choice / Sunshine Cruises [2008] IECompA m08032 (7 October 2008)
- Status
- Judgment
- Jurisdiction
- Ireland
- Posture
- Merger Notification / Phase 1 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 unlikely to substantially lessen competition in any relevant market in the State.
Court disposition
Cleared (Phase 1)
Orders
- The proposed acquisition of part of the business of Sunshine Cruises Limited by First Choice Holidays Limited is approved without conditions.
02
Material facts
Parties
First Choice Holidays Limited
AcquirerSunshine Cruises Limited
Target03
Procedural history
Posture
Merger Notification / Phase 1 Determination
04
Questions and positions
Legal issues
Whether the proposed acquisition of part of the business of Sunshine Cruises Limited by First Choice Holidays Limited 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 segments and the transaction will not result in a substantial lessening of competition.
- Respondent
- No opposition or adverse submission from the target or third parties regarding competition concerns.
05
Court’s reasoning
Legal principles
- 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 proposed acquisition does not raise competition concerns and is unlikely to substantially lessen competition in any relevant market in the State.
Court disposition
Cleared (Phase 1)
- The proposed acquisition of part of the business of Sunshine Cruises Limited by First Choice Holidays Limited is approved without conditions.
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 >> First Choice / Sunshine Cruises [2008] IECompA m08032 (7 October 2008) URL: https://www.bailii.org/ie/cases/IECompA/2008/m08032.html Cite as: [2008] IECompA m8032, [2008] IECompA m08032 [ New search ] [ Help ] First Choice / Sunshine Cruises [2008] IECompA m08032 (7 October 2008) Page Attachment DeterminationM08032Firstchoice-sunshinecruise_0.pdf (93.5 KB) (93.5 KB) DeterminationM08032Firstchoice-sunshinecruise.pdf (93.5 KB) (93.5 KB) Transaction details The Proposed acquisition of part of the business of Sunshine Cruises Limited by First Choice Holidays Limited. Economic sector Media merger Tour operator activities No Notification date: Tuesday, October 7, 2008 Parties Involved Business activities First Choice Holidays Limited is a wholly-owned subsidiary of TTPLC which is a FTSE 100 company listed on the London Stock Exchange, which is active in the leisure travel sector. Sunshine Cruises Limited operates two cruise vessels, the Island Escape and the Island Star. Nitrigin Eireann Teoranta Bord Gais Eireann Irish Fertilizer Industries Limited Case Officer Assigned Contact Details Mr. Ibrahim Bah Tel: 01-804 5425, email:ib@tca.ie The deadline for any third parties who wish to make submissions regarding the competition aspects of this merger is: Phase 1 Saturday, October 18, 2008 Current status Completed Cleared (Phase 1) Decision date: Friday, October 24, 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/m08032.html
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