Decision Nº M/03/033 from Competition and Consumer Protection Commission, 2004-02-23

CourtCompetition and Consumer Protection Commission (Ireland)
PartiesFM104,Scottish Radio Holdings
Date23 February 2004
StatusCleared with conditions (Phase 2)
Decision NumberM/03/033
Decision Date23 February 2004
5th February 2004
The Competition Authority attaches conditions to the
purchase of FM 104 by Scottish Radio Holdings
The Competition Authority has today, 5th February, announced its determination
that the proposed acquisition of Capital Radio Productions (trading as FM 104)
by Scottish Radio Holdings may be put into effect subject to a number of
As this is a media merger under the Competition Act 2002, the matter is now
referred to the Minister for Enterprise, Trade & Employment for independent
review. While the Competition Authority must make its determination based on
competition issues the Minister may make independent findings based on
separate, non-competition, criteria. If the Minister makes no order within 30
days the determination of the Authority is final.
Determination of The Competition Authority (5th February 2004)
The Authority, in accordance with Section 22(3)(c) of the Competition Act, 2002,
has determined that the result of the proposed acquisition will not substantially
lessen competition in markets for goods and services in the State and may be
put into effect subject to the Parties complying with the following conditions:
1. Following completion of the transaction the Parties:
(a) shall divest all ownership interests in Newstalk 106 FM to a buyer
agreeable to The Competition Authority before 31st December 2004
(b) shall not participate on the board of News 106 Limited
(c) shall not vote in respect of or participate in the operations of the
business of Newstalk 106; and
(d) if the ownership interests in Newstalk 106 are not divested by 31st
December 2004 ownership interests shall be transferred to a trustee
nominated by the parties and subject to the approval of the
2. FM 104 will not renew the cu rrent sales agency contract with Beat FM
3. FM 104 will cease any participation in advertising sales as part of
Independent Radio Sales (IRS)
4. The Parties shall inform the Authority in writing w ithin ten days of the
completion of each of the conditions
5. The acquisition must be put into effect within 12 months from the date of
this determination
The Parties involved in the transaction
Scottish Radio Holdings (SRH) is a media group whose activities, through its
subsidiaries, include radio broadcasting and publishing in the United Kingdom
and the Republic of Ireland. SRH owns and controls Radio Ireland Limited
which trades as Today FM, the only independent national radio station in

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