Decision Nº M/10/027 from Competition and Consumer Protection Commission, 2010-09-10

JurisdictionIreland
PartiesNorthern & Shell Broadcasting Limited,CLT - UFA Holdings Limited
Date10 September 2010
Decision Date10 September 2010
StatusCleared (Phase 1)
CourtCompetition and Consumer Protection Commission (Ireland)
Decision NumberM/10/027
For further information contact:
Clodagh Coffey, Communications Manager, T he Competition Authority
Tel: 01 8045406 Mobile: 087 915 5406 email: cc@tca.ie
MERGER ANNOUNCEMENT 10 SEPTEMBER 2010
Competition Authority Clears the Acquisition of CLT-UFA
Holdings Limited by Northern & Shell Broadcasting
Limited
The Competition Authority has today cleared the proposed acquisition
whereby Northern & Shell B roadcasting Limited (“Northern & Shell”) would
acquire sole control of CLT-UFA Holdings Limited (“CLT-UFA”). The acquisition
was notified by the parties under the Competition Act 2002 on 20 August
2010.
Northern & Shell is an indirect wholly-owned subsidiary of Nort hern & Shell
Network L imited (“Northern & Shell Network”). Northern & Shell Network is
the principal holding company of the Northern & Shell g roup of companies
(the “Northern & Shell Gr oup”). In the State, the Northern & Shell Group is
engaged in newspaper publishing (the Daily Express, th e Sunday Express, the
Irish Daily Star and the Irish Daily Star Sunday), magazine publishing (OK!
New! and Star), and television broadcasting (Portland TV, the television
broadcasting arm of the Northern & Shell Gro up, broadcasts a number of adult
entertainment pay and non-pay television cha nnels in the State).
CLT-UFA operates Five which is engaged in television broadcasting, through
its channels Five, Fiver and Five USA. Five’s channels are licensed by the
Office o f Communications in the UK and its activities are targeted at the UK
market. Five does not have a broadcasting licence in the State. Five’s
channels are not available in the State through analogue, cable, MMDS or
Digital Terrestrial Television platforms. As a result, the coverage a nd reach of
Five’s channels in the State is very limited. Five does not target television
advertising customers in the State.
The Authority has formed the view that the proposed acquisition does not
raise any competition concerns in the State. The companies have been
informed of the decision that the proposed acquisition will not lead to a
substantial lessening of competition in any markets for goods or services in
the State.
As with all media mergers the parties may only proceed with this merger if
the Minister for Enterpri se, Trade and Innovatio n does not direct the Authority
to carry out a full investigation within 10 days of the date of the Authority’s
decision. The Authority will publish a public version of the reasons for its
determination on its website (www.tca.ie) no later than 09 November 2010
after allowing the parties the opportunity to request that confidential
information is removed from the published vers ion.

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