Fitzwilliam / Wittington Canada / Arnotts [2014] IECompA m14008 (19 March 2014)

Fitzwilliam / Wittington Canada / Arnotts [2014] IECompA m14008 (19 March 2014)

The Competition Authority found that the proposed acquisition of joint control of Arnotts Holdings Limited by Fitzwilliam Finance Partners Limited, Wittington Investments, Limited, and Investment Funds Managed by Affiliates of Apollo Management, L. P. does not raise competition concerns and cleared the transaction at Phase 1.

Parties
Acquirer: Fitzwilliam Finance Partners Limited; Acquirer: Wittington Investments, Limited; Acquirer: Investment Funds Managed by Affiliates of Apollo Management, L. P.; Target: Arnotts Holdings Limited
Jurisdiction
Ireland
Judgment Date
19 March 2014
Procedural Posture
Merger Clearance / Phase 1 Decision
Outcome
cleared
Legal Topics
Merger Control, Joint Control, Retail Sector
Competition Law Merger Control Joint Control Retail Sector

Case Brief

Summary, issues, holding and outcome

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Parties

Fitzwilliam Finance Partners Limited

Acquirer

Wittington Investments, Limited

Acquirer

Investment Funds Managed by Affiliates of Apollo Management, L. P.

Acquirer

Arnotts Holdings Limited

Target

Procedural Posture

Merger Clearance / Phase 1 Decision

Legal Issues

  1. 1 Whether the proposed acquisition of joint control of Arnotts Holdings Limited raises competition concerns in the non-food retail sector.

Ratio Decidendi

The Competition Authority found that the proposed acquisition of joint control of Arnotts Holdings Limited by Fitzwilliam Finance Partners Limited, Wittington Investments, Limited, and Investment Funds Managed by Affiliates of Apollo Management, L. P. does not raise competition concerns and cleared the transaction at Phase 1.

Court Disposition

cleared

Orders

  • The proposed acquisition of joint control of Arnotts Holdings Limited is cleared.