M/18/045 - CDC / Netgem / VITIS (JV) [2018] IECompA m18045 (6 July 2018)

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

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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

  1. 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. 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.