Decision Nº M/03/032 from Competition and Consumer Protection Commission, 2003-10-31

• Jurisdiction: Ireland
• Parties: Abacus Direct,AZ Direct
• Date: 31 October 2003
• Decision Number: M/03/032
• Status: Cleared (Phase 1)
• Court: Competition and Consumer Protection Commission (Ireland)
• Decision Date: 31 October 2003

Determination of the Competition Authority

Determination No. M/03/032 of the Competition Authority, dated 31st of October

2003, under Section 21 of the Competition Act, 2002

Notification No. M/03/032 – Joint Venture between AZ Direct GmbH and

Abacus Direct Holdings GmbH

Introduction

1. On 13th of October 2003 the Competition Authority, in accordance with Section

18 (1) of the Competition Act, 2002 (“the Act”) was notified, on a mandatory

basis, of a proposal whereby AZ Direct GmbH (“AZ Direct”) and Blitz 03-1084

GmbH (which is changing its name to Abacus Direct Holdings GmbH, “Abacus

Direct”) would establish a Joint Venture partnership that would provide

information products and services to the direct marketing industry in German-

speaking countries.

The Parties

2. AZ Direct is a German-registered company that is part of the Bertelsmann Group.

Within Ireland, companies within the Bertelsmann Group are engaged in the

provision of financial services and the manufacture of entertainment products.

3. Abacus Direct is a German-registered company that is part of the DoubleClick

group of companies. Within Ireland, DoubleClick provides online marketing

technology products and services to direct marketers, Web publishers and

advertisers.

Analysis

4. Neither AZ Direct, nor any other companies within the Bertelsmann Group, carry

on business in Ireland in the area of providing information products and services

to the direct marketing industry. Neither Abacus Direct, nor any other companies

within the DoubleClick group, carry on business in Ireland in the area of

manufacture of entertainment products or the provision of financial services,

other than facilitating finance for DoubleClick’s own Abacus division.

Accordingly, there is no significant overlap in the parties’ activities and the

proposed transaction does not give rise to competition concerns.

Determination

The Competition Authority, in accordance with Section 21(2) of the Competition Act,

2002, has determined that, in its opinion, the result of the proposed joint venture will

not be to substantially lessen competition in markets for goods and services in the

State and, accordingly, that the joint venture may be put into effect.

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