Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

After the acquisition was agreed to by the parties involved, the Competition Authority received notification on 16 March 2012. Following this, notification of the proposed transaction was sent to me, as Minister for Jobs, Enterprise and Innovation, in accordance with section 23(1)(a) of the Competition Act 2002, on 20 March 2012 as the Competition Authority considered it to be a media merger within the meaning of the Act. The merger notification form I received contained information that followed the format specified for such transactions by the Competition Authority at the time. As to be expected, reference was made to the share sale agreement between Siteserv plc and Millington Limited.

The only function of the Competition Authority, the Minister for Jobs, Enterprise and Innovation and the Department of Jobs, Enterprise and Innovation was in respect of the effect on competition within the economy of this transaction. No examination or briefing was provided for on any aspect of the transactions or companies involved.

To have done otherwise would have been to act outside their powers.

The Competition Authority’s phase 1 examination of the transaction from a competition perspective and on the basis of available evidence led it to a determination that the proposed transaction would not lead to a substantial lessening of competition in the State. That determination was notified to me on 21 May 2012. I agreed with the advice from my officials and on that basis the transaction was allowed to proceed.

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