Sony/Sony NEC Optiarc [2008] IECompA m08033 (29 October 2008)
- Status
- Judgment
- Jurisdiction
- Ireland
- Posture
- Merger Notification / Phase 1 Determination
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Competition Authority determined that the proposed acquisition would not substantially lessen competition in any market for goods or services in the State and therefore cleared the transaction under Phase 1 review.
Court disposition
Cleared (Phase 1)
Orders
- The proposed acquisition of sole control of Sony NEC Optiarc Inc by Sony Corporation is cleared.
02
Material facts
Parties
Sony Corporation
AcquirerSony NEC Optiarc Inc
TargetAmounts and remedies
- Notification Date: 20,081,029
- Decision Date: 20,081,119
03
Procedural history
Posture
Merger Notification / Phase 1 Determination
04
Questions and positions
Legal issues
Whether the proposed acquisition of sole control of Sony NEC Optiarc Inc by Sony Corporation would substantially lessen competition in any market for goods or services in the State.
Party arguments
- Applicant
- The acquisition would not substantially lessen competition as Sony and Sony NEC Optiarc operate in complementary areas and the transaction would not result in horizontal overlaps or vertical concerns.
- Respondent
- No objections or adverse arguments from third parties or the respondent were recorded.
05
Court’s reasoning
Legal principles
- 01
Competition Act 2002 (Ireland)
A merger or acquisition is prohibited if it would substantially lessen competition in any market for goods or services in the State.
06
Ratio, limits and disposition
Ratio decidendi
The Competition Authority determined that the proposed acquisition would not substantially lessen competition in any market for goods or services in the State and therefore cleared the transaction under Phase 1 review.
Court disposition
Cleared (Phase 1)
- The proposed acquisition of sole control of Sony NEC Optiarc Inc by Sony Corporation is cleared.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Irish Competition Authority Decisions >> Sony/Sony NEC Optiarc [2008] IECompA m08033 (29 October 2008) URL: https://www.bailii.org/ie/cases/IECompA/2008/m08033.html Cite as: [2008] IECompA m8033, [2008] IECompA m08033 [ New search ] [ Help ] Sony/Sony NEC Optiarc [2008] IECompA m08033 (29 October 2008) Page Attachment M _08_033 - determination Public_0.pdf (64.1 KB) (64.1 KB) Transaction details The proposed acquisition of sole control of Sony NEC Optiarc Inc by Sony Corporation Economic sector Media merger Electronic products No Notification date: Wednesday, October 29, 2008 Parties Involved Business activities Jas Hennessy & Co. Ltd Edward Dillon & Co. Ltd Sony is active in the manufacturing and commercialisation of electronic consumer products and electronic componants Sony Corporation Sony NEC Optiarc is active in the development, design, manufacturing (through subcontracting to third parties), marketing and sales of optical disk drives Sony NEC Optiarc Inc Case Officer Assigned Contact Details Barry O'Donnell Tel: 01-8045396, email:bod@tca.ie The deadline for any third parties who wish to make submissions regarding the competition aspects of this merger is: Phase 1 Friday, November 14, 2008 Current status Completed Cleared (Phase 1) Decision date: Wednesday, November 19, 2008 Competition and Consumer Protection Commission (Ireland) © BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/ie/cases/IECompA/2008/m08033.html
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