Decision Nº M/06/061 from Competition and Consumer Protection Commission, 2006-09-22

• Jurisdiction: Ireland
• Parties: Gloss Publications,Irish Times Limited
• Date: 22 September 2006
• Decision Date: 22 September 2006
• Status: Cleared (Phase 1)
• Court: Competition and Consumer Protection Commission (Ireland)
• Decision Number: M/06/061

Merger Notification M/06/061 – D’Olier / Gloss/ Earlsfort

1

DETERMINATION OF MERGER NOTIFICATION M/06/061 –

D’OLIER/GLOSS/EARLSFORT

Section 21 of the Competition Act 2002

Proposed acquisition of joint control of Earlsfort Publications Limited

by D’Olier Investments Limited and Gloss Publications Limited

Dated 22/09/06

Introduction

1. On 1 September 2006 the Competition Authority (“the Authority”), in

accordance with Section 18 (1) (a) of the Competition Act, 2002 (“the

Act”) was notified, on a mandatory basis, of a proposed joint venture

(“The Joint Venture” – “JV”) between D’Olier Investments Limited

(“DIL”) and Gloss Publications Limited (“GPL”). The proposed JV

involves DIL and GPL acquiring joint control of Earlsfort Publications

Limited (“EPL”), a newly incorporated company and the corporate

vehicle through which a new monthly magazine “The Gloss” will be

published.

2. The Authority advised the undertakings and the Minister that it

considered the proposed transaction to be a “media merger” within the

meaning of Section 23 of the Act.

The Undertakings Involved

3. DIL is a newly incorporated company of the Irish Times Limited

(“ITL”). ITL, a company incorporated in Ireland, is primarily active in

publishing The Irish Times, a daily national newspaper sold on the

island of Ireland. It also has a newspaper printing business which

provides printing services to a number of newspapers including Irish

Daily Mail and Metro. ITL offers classified and other advertising space

in The Irish Times. In the financial year ended 31 December 2005,

ITL’s worldwide turnover was approximately €113 million. In the

State, ITL’s turnover amounted to €105 million in the same period.

4. GPL was incorporated in the State on 26 September 2005, with limited

liability. To date, GPL has been involved in the brochure publishing

and consultancy activities.

5. EPL, incorporated in the State on 19 July 2006, is the corporate

vehicle through which DIL and GPL will publish The Gloss. Both DIL

and GPL are each entitled to appoint two directors to the board of

directors; DIL is also entitled to nominate one of its appointed

directors as chairman of the board of directors. The chairman has

casting vote at the board meeting and his position is to be reviewed

after three years.