Decision Nº M/08/021 from Competition and Consumer Protection Commission, 2008-08-18

Decision Date18 August 2008
Date18 August 2008
Decision NumberM/08/021
PartiesTV3 Television Network Limited,Kish Media Limited
StatusNone
Merger Notification M/08/021 – TV3/Kish Media
DETERMINATION OF MERGER NOTIFICATION M/08/021 –
TV3/KISH MEDIA
Section 21 of the Competition Act 2002
Proposed acquisition of Kish Media Limited by TV3 Television Network
Limited
Dated 18/08/08
Introduction
1. On 25 July 2008 the Competition Authority (“the Authority”), in
accordance with section 18(1)(b) of the Competition Act, 2002 (“the Act”)
was notified, on a manda tory basis, of a proposal whereby TV3 Television
Network Lim ited (“TV3”) would acquire sole control of Kish Media Limited
trading as Channel 6 (“Kish Media ”).
2. The Authority forwarded a copy of the notification to the Minister and
notified the undertakings involved that it considers the acquisition to be a
media merger, in accordance with section 23 (1) of the Act.
The Undertakings Involved
The Acquirer
3. TV3 is ultimately majority owned by Doughty Hans on & Co IV (“Doughty
Hanson”)
1
. TV3 is licensed by the Broadcasting Commission of Ireland
(“BCI”) to provide a free-to -air national commercial t elevision network in
the State. La unched in September 1998, it is the only privately owned
terrestrial free-to-air national commercial television channel in the State.
TV3 provides viewers with a wide range of programming across the entire
schedule, including soaps, drama, news and sp ort.
4. For the year ending 31 December 2007, TV3’s total worldwide turnover
was [ ] million, of which [ ] million was gen erated in the State.
The Target
5. Kish Media has two wholly-owned subsidiaries, Channel 6 Broadcasting
Limited (“Channel 6”) and Baily Telev ision Limited (“Baily”)
2
. Kish Media,
via its wholly ow ned subsid iary Channel 6, is involved in the produc tion
and s upply of television programming in the State. Channel 6 holds two
1
Doughty Hanson is a private equity fund manager that directly or through its subsidiaries organises
and administers a number of private equity investment funds (in cluding Doughty Hanson Fund IV) on
behalf of institutional and private investors. Doughty Hanson Fund IV holds a minority stake in
Setanta Sport Holdings Limited.
2
Baily is a dormant company. Baily w as incorporated in the United Kingdom, prior to the launch of
Channel 6, for the purposes of applying for a UK t elevision broadcast licence from Ofcom.
Baily
applied for and was granted a UK television broadcast licence by Ofcom. Baily's Ofcom licence was
never used and was surrendered in July 2006.

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