M/20/005 - ESB/Coillte (JV) [2021] IECompA m20005 (5 February 2021)
The transaction was cleared as the commitments provided by the parties were sufficient to address any potential competition concerns arising from the joint venture in the renewable energy sector.
- Parties
- Applicant: The Electricity Supply Board; Applicant: Coillte Cuideachta Ghníomhaíochta Ainmnithe; Decision Maker: Competition and Consumer Protection Commission
- Jurisdiction
- Ireland
- Judgment Date
- 05 February 2021
- Procedural Posture
- Merger Control / Phase 2 Clearance
- Outcome
- cleared with commitments
- Legal Topics
- Merger Control, Joint Venture, Renewable Energy, Legally Binding Commitments
Case Brief
Summary, issues, holding and outcome
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Parties
The Electricity Supply Board
Applicant
Coillte Cuideachta Ghníomhaíochta Ainmnithe
Applicant
Competition and Consumer Protection Commission
Decision Maker
Procedural Posture
Merger Control / Phase 2 Clearance
Legal Issues
- 1 Whether the proposed joint venture between ESB and Coillte complies with Irish merger control regulations
- 2 Whether the transaction raises competition concerns in the energy and forestry sectors
Ratio Decidendi
The transaction was cleared as the commitments provided by the parties were sufficient to address any potential competition concerns arising from the joint venture in the renewable energy sector.
Court Disposition
cleared with commitments
Orders
- Transaction cleared subject to legally binding commitments
Full Case Text
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