M/19/040 - DMG/JPIMedia [2020] IECompA m19040 (10 March 2020)

M/19/040 - DMG/JPIMedia [2020] IECompA m19040 (10 March 2020)

The acquisition was implemented prior to receiving clearance from the Competition and Consumer Protection Commission, thereby infringing section 19(1) of the Competition Act 2002 and rendering the transaction void under section 19(2).

Parties
Acquirer: DMG Media Limited; Target: JPIMedia Publications Limited; Parent Company of Acquirer: Daily Mail and General Trust Plc; Parent Company of Target: JPIMedia Limited
Jurisdiction
Ireland
Judgment Date
10 March 2020
Procedural Posture
Merger Notification / Decision on Clearance
Outcome
acquisition declared void due to premature implementation
Legal Topics
Gun Jumping, Voidness of Unnotified Mergers, Media Mergers
Competition Law Merger Control Gun Jumping Voidness of Unnotified Mergers Media Mergers

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Parties

DMG Media Limited

Acquirer

JPIMedia Publications Limited

Target

Daily Mail and General Trust Plc

Parent Company of Acquirer

JPIMedia Limited

Parent Company of Target

Procedural Posture

Merger Notification / Decision on Clearance

Legal Issues

  1. 1 Whether the acquisition was implemented prior to clearance in breach of section 19(1) of the Competition Act 2002
  2. 2 Whether the acquisition is void under section 19(2) of the Competition Act 2002

Ratio Decidendi

The acquisition was implemented prior to receiving clearance from the Competition and Consumer Protection Commission, thereby infringing section 19(1) of the Competition Act 2002 and rendering the transaction void under section 19(2).

Court Disposition

acquisition declared void due to premature implementation