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

CourtCompetition and Consumer Protection Commission (Ire)
PartiesAbacus Direct,AZ Direct
Date31 October 2003
Decision NumberM/03/032
StatusCleared (Phase 1)
Decision Date31 October 2003
Determination of the Competition Authority
Determination No. M/03/032 of the Competition Authority, dated 31st of October
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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