Grafton Group plc / Heiton Group plc [2004] IECompA m04051 (10 September 2004)

Grafton Group plc / Heiton Group plc [2004] IECompA m04051 (10 September 2004)

The acquisition was cleared with conditions as the identified competition concerns could be addressed through remedies, ensuring no substantial lessening of competition in the relevant markets.

Parties
Acquirer: Grafton Group plc; Target: Heiton Group plc; Interested Party: Five Star Supermarket; Interested Party: Tenants at Clonmel Shopping Centre
Jurisdiction
Ireland
Judgment Date
10 September 2004
Procedural Posture
Merger Control / Phase 2 Clearance With Conditions
Outcome
cleared with conditions
Legal Topics
Merger Notification, Market Concentration, Conditional Clearance
Competition Law Merger Control Merger Notification Market Concentration Conditional Clearance

Case Brief

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Parties

Grafton Group plc

Acquirer

Heiton Group plc

Target

Five Star Supermarket

Interested Party

Tenants at Clonmel Shopping Centre

Interested Party

Procedural Posture

Merger Control / Phase 2 Clearance With Conditions

Legal Issues

  1. 1 Whether the proposed acquisition would substantially lessen competition in the relevant markets
  2. 2 Whether conditions are necessary to address competition concerns

Ratio Decidendi

The acquisition was cleared with conditions as the identified competition concerns could be addressed through remedies, ensuring no substantial lessening of competition in the relevant markets.

Court Disposition

cleared with conditions

Orders

  • Acquisition approved subject to conditions to address competition concerns