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

• Court: Competition and Consumer Protection Commission
• Decision Date: 18 August 2008
• Decision Number: M/08/021
• Date: 18 August 2008
• Parties: TV3 Television Network Limited,Kish Media Limited

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.