Decision Nº M/03/010 from Competition and Consumer Protection Commission, 2003-05-26

• Court: Competition and Consumer Protection Commission (Ireland)
• Parties: Thomas Crosbie,Smurfit Communications
• Decision Number: M/03/010
• Date: 26 May 2003
• Status: Cleared (Phase 1)
• Decision Date: 26 May 2003

Determination of the Competition Authority

Determination No. M/03/010 of the Competition Authority, dated 26th May 2003,

under Section 21 of the Competition Act, 2002

Notification No. M/03/010 – Acquisition by Thomas Crosbie Holdings Limited of

Smurfit Communications (GB) Limited

Introduction

1. On 30th April 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 Thomas Crosbie Holdings Limited (TCH) would acquire the

entire issued share capital of Smurfit Communications (GB) Limited (SCGB)

from Smurfit Communications UK Limited. The Authority, in accordance with

s.23 (1)(b) of the Act, notified the parties that it considers the transaction to be a

media merger.

The Parties

2. TCH is a holding company of those companies which publish the Irish Examiner,

The Evening Echo, The Western People, The Sligo Weekender, The Waterford

News and Star, The Kingdom, The Newry Democrat, The Nationalist and

Leinster Times, The Kildare Nationalist, The Laois Nationalist and the Sunday

Business Post.

3. SCGB is a subsidiary of Smurfit Communications UK Limited, which is part of

the Jefferson Smurfit Group. The Jefferson Smurfit Group manufactures paper

board and packaging products and has operations in Europe, Latin America and

North America. SCGB publishes the Irish Post newspaper, a tabloid paper with

Irish news sold in the main British cities which have a resident Irish community,

Ri-Ra magazine, a free listings publication aimed at the London area and the

Business Yearbook, a directory of Irish businesses in Britain. Associated

companies of the Smurfit Group publish the following Irish magazines which are

not connected with the transaction: Woman’s Way, U, Irish Tatler and Food &

Wine.

Analysis

4. There is negligible overlap between the parties’ activities. TCH publishes

regional and national newspapers, which are circulated almost exclusively in

Ireland. SCGB’s newspaper publication is circulated only in Britain.

Determination

5. 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

acquisition will not be to substantially lessen competition in markets for goods

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