Kerry/ Breeo [2008] IECompA m08009 (21 March 2008)
- Status
- Judgment
- Jurisdiction
- Ireland
- Posture
- Merger Notification / Final Determination
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The proposed acquisition was prohibited as it was determined to substantially lessen competition in the relevant foods market.
Court disposition
prohibited
Orders
- The proposed acquisition by Rye Investments Limited (Kerry) of Reox Holdings plc (Breeo) is prohibited.
02
Material facts
Parties
Rye Investments Limited (Kerry)
AcquirerReox Holdings plc (Breeo)
Target03
Procedural history
Posture
Merger Notification / Final Determination
04
Questions and positions
Legal issues
Whether the proposed acquisition would substantially lessen competition in the relevant market
Party arguments
- Applicant
- The acquisition would not adversely affect competition in the foods sector.
- Respondent
- The merger would reduce competition and potentially create a dominant position.
05
Court’s reasoning
Legal principles
- 01
Irish Competition Act 2002
Assessment of substantial lessening of competition under Irish Competition Act
06
Ratio, limits and disposition
Ratio decidendi
The proposed acquisition was prohibited as it was determined to substantially lessen competition in the relevant foods market.
Court disposition
prohibited
- The proposed acquisition by Rye Investments Limited (Kerry) of Reox Holdings plc (Breeo) is prohibited.
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 >> Kerry/ Breeo [2008] IECompA m08009 (21 March 2008) URL: https://www.bailii.org/ie/cases/IECompA/2008/m08009.html Cite as: [2008] IECompA m08009, [2008] IECompA m8009 [ New search ] [ Help ] Kerry/ Breeo [2008] IECompA m08009 (21 March 2008) Page Attachment M08009 Kerry Breeo Determination Public_0.pdf (1.52 MB) (1.52 MB) M08009 Kerry Breeo Determination Public.pdf (1.52 MB) (1.52 MB) Transaction details The proposed acquisition by Rye Investments Limited (Kerry) of Reox Holdings plc (Breeo) Economic sector Media merger Foods No Notification date: Friday, March 21, 2008 Parties Involved Business activities Cadbury Beverages Ltd Sunkist Soft Drinks production and distribution of foods C&C Kerry Breeo Case Officer Assigned Contact Details Barry O'Donnell 01-8045396, bod@tca.ie Date of Requirement for Information Date Information Received Wednesday, April 16, 2008 Wednesday, April 16, 2008 Current status Completed Prohibited Decision date: Thursday, August 28, 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/m08009.html
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