M/18/045 - CDC / Netgem / VITIS (JV) [2018] IECompA m18045 (6 July 2018)
The transaction should have been notified to the CCPC prior to completion as required by section 18(1) of the Competition Act 2002. The CCPC cleared the merger but reserved the right to investigate a suspected breach of notification requirements.
- Parties
- Acquirer: La Caisse des Dépôts et Consignations; Target: Netgem S. A.; Joint Venture: VITIS
- Jurisdiction
- Ireland
- Judgment Date
- 06 July 2018
- Procedural Posture
- Merger Notification / Phase 1 Clearance
- Outcome
- merger cleared
- Legal Topics
- Merger Control, Notification Requirements, Joint Venture
Case Brief
Summary, issues, holding and outcome
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Parties
La Caisse des Dépôts et Consignations
Acquirer
Netgem S. A.
Target
VITIS
Joint Venture
Procedural Posture
Merger Notification / Phase 1 Clearance
Legal Issues
- 1 Whether the acquisition should have been notified to the Competition and Consumer Protection Commission under section 18(1) of the Competition Act 2002
- 2 Whether the undertakings breached notification requirements
Ratio Decidendi
The transaction should have been notified to the CCPC prior to completion as required by section 18(1) of the Competition Act 2002. The CCPC cleared the merger but reserved the right to investigate a suspected breach of notification requirements.
Court Disposition
merger cleared
Orders
- Merger cleared under Phase 1. CCPC reserves right to investigate notification breach.
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