Decision Nº M/04/002 from Competition and Consumer Protection Commission,

JurisdictionIreland
StatusPreliminary investigation (Phase 1)
PartiesIndependent Newspapers (Ireland) Limited,Internet Interaction
Date09 February 2004
CourtCompetition and Consumer Protection Commission (Ireland)
Decision NumberM/04/002
Determination of the Competition Authority
Determination No. M/04/002 of the Competition Authority, dated February 9,
2004, under Section 21 of the Competition Act, 2002
Notification No. M/04/002 – Independent Newspapers/Internet Interaction
Introduction
1. On January 9, 2004, 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 Independent Newspapers (Ireland) Limited (“INIL”)
would acquire all the shares in Internet Interaction Limited (“IIL”).
The Parties
2. INIL is a limited company based in Ireland, and is a wholly owned subsidiary of
Independent News & Media plc. It publishes a number of newspapers in the
State, including both national and regional titles. Its parent company has
worldwide activities in a variety of sectors, notably printing/publishing, outdoor
advertising, and electronic media.
3. IIL is a limited company based in Ireland, and is primarily engaged in the
provision of network services, ie as an internet service provider (ISP). This
involves providing email services, internet access, plus related services. It also
hosts and manages the unison.ie website which provides access to content from a
variety of Irish newspaper titles.
4. INIL was previously in joint control of IIL, owning 50% outright, and having a
50% share in Princes Holding Limited, which owned the remaining 50% of IIL.
This transaction thus sees a move from joint to sole control.
Analysis
5. INIL has a major market presence in the newspaper sector, while IIL is a
relatively small player in the provision of network services. However, there is no
real overlap between the activities of the parties, as neither INIL nor any other
company in the Independent News & Media plc group is engaged in the business
of internet service provision. Accordingly, the 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 acquisition will
not be to substantially lessen competition in markets for goods and services in the
State and, accordingly, that the acquisition may be put into effect.
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