Written answers

Thursday, 11 June 2015

Department of Jobs, Enterprise and Innovation

Company Takeovers

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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98. To ask the Minister for Jobs, Enterprise and Innovation the extent of his knowledge of a transaction (details supplied) prior to the completion of the transaction, which would arise in the ordinary course of his responsibilities as Minister in relation to such transactions; and if he will make a statement on the matter. [22858/15]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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After the acquisition was agreed by the parties involved, the Competition Authority received a notification on the 16thMarch 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 the 20thMarch 2012 as the Competition Authority considered it to be a media merger within the meaning of that 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 Ltd.

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 the 21stMay 2012.

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 this market of this transaction as set out in the legislation, and no examination or briefing was provided on any aspects of the transactions or the companies involved. To have done otherwise would have been to act outside their powers.

I agreed with the advice from my officials and on the basis the transaction was allowed to proceed.

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