IBM / Micromuse [2006] IECompA m06002 (16 January 2006)

IBM / Micromuse [2006] IECompA m06002 (16 January 2006)

The proposed transaction does not raise competition concerns and is unlikely to substantially lessen competition in the relevant market; therefore, the merger is cleared unconditionally.

Parties
Acquirer: IBM Corporation; Acquirer Subsidiary: Rooster Acquisition Corporation; Target: Micromuse Inc.
Jurisdiction
Ireland
Judgment Date
16 January 2006
Procedural Posture
Merger Notification / Phase 1 Clearance
Outcome
Cleared (Phase 1)
Legal Topics
Merger Notification, Market Concentration, IT Sector Mergers
Competition Law Merger Control Merger Notification Market Concentration IT Sector Mergers

Case Brief

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Parties

IBM Corporation

Acquirer

Rooster Acquisition Corporation

Acquirer Subsidiary

Micromuse Inc.

Target

Procedural Posture

Merger Notification / Phase 1 Clearance

Legal Issues

  1. 1 Whether the proposed acquisition of Micromuse Inc. by IBM Corporation through Rooster Acquisition Corporation would substantially lessen competition in the market for IT Network Management Services in Ireland.

Ratio Decidendi

The proposed transaction does not raise competition concerns and is unlikely to substantially lessen competition in the relevant market; therefore, the merger is cleared unconditionally.

Court Disposition

Cleared (Phase 1)

Orders

  • The proposed acquisition is approved without conditions.