Tesco PLC / TPF [2008] IECompA m08022 (30 July 2008)
- Status
- Judgment
- Jurisdiction
- Ireland
- Posture
- Merger Notification / Phase 1 Determination
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Professional case brief
Research organized from the available case record
01
Holding and result
The Authority determined that the acquisition by Tesco plc of sole control over TPF Group Limited does not raise competition concerns and is therefore cleared under Phase 1 review.
Court disposition
Cleared
Orders
- The proposed acquisition is cleared under Phase 1 of the merger review process.
02
Material facts
Parties
Tesco plc
AcquirerTPF Group Limited
TargetRBS
Joint Controller (prior)03
Procedural history
Posture
Merger Notification / Phase 1 Determination
04
Questions and positions
Legal issues
Whether the proposed acquisition by Tesco plc of sole control over TPF Group Limited raises competition concerns under Irish competition law
Party arguments
- Applicant
- Tesco seeks clearance for the acquisition of sole control over TPF Group Limited, arguing the transaction does not substantially lessen competition.
- Respondent
- No objections or adverse submissions from third parties or the Authority are recorded.
05
Court’s reasoning
Legal principles
- 01
Irish Competition Act
A merger or acquisition must not substantially lessen competition in any market for goods or services in the State.
06
Ratio, limits and disposition
Ratio decidendi
The Authority determined that the acquisition by Tesco plc of sole control over TPF Group Limited does not raise competition concerns and is therefore cleared under Phase 1 review.
Court disposition
Cleared
- The proposed acquisition is cleared under Phase 1 of the merger review process.
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Irish Competition Authority Decisions >> Tesco PLC / TPF [2008] IECompA m08022 (30 July 2008) URL: https://www.bailii.org/ie/cases/IECompA/2008/m08022.html Cite as: [2008] IECompA m8022, [2008] IECompA m08022 [ New search ] [ Help ] Tesco PLC / TPF [2008] IECompA m08022 (30 July 2008) Page Attachment M08022 Determination Public_0.pdf (60.19 KB) (60.19 KB) M08022 Determination Public.pdf (60.19 KB) (60.19 KB) Transaction details The proposed acquisition involves a move from joint control by Tesco and RBS to sole control of TPF by Tesco. Economic sector Media merger Provision of life / non-life insurance services No Notification date: Wednesday, July 30, 2008 Parties Involved Business activities Tesco plc is a plc in the UK, its main activity is that of retailing and associated activities. TPF Group Limited is involved in the provision of personal financial services to the general retail public in the United Kingdom and Ireland. Mechanical Copyright Protection Society Limited Mechanical Copyright Protection Society Ireland Limited Case Officer Assigned Contact Details Cormac Keating Tel:01-804 5453, email:cwk@tca.ie The deadline for any third parties who wish to make submissions regarding the competition aspects of this merger is: Phase 1 Sunday, August 10, 2008 Current status Completed Cleared (Phase 1) Decision date: Wednesday, August 20, 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/m08022.html
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