Decision Nº M/10/012 from Competition and Consumer Protection Commission, 2010-05-20

CourtCompetition and Consumer Protection Commission (Ireland)
PartiesMLM Management Limited,Gaiety Investments,Setanta Sports
Date20 May 2010
StatusCleared (Phase 1)
Decision NumberM/10/012
Decision Date20 May 2010
Merger Notification No. M/10/012 – MLM/Gaiety/Setanta/JV
Proposed acquisition by MLM Management Limited and Gaiety
Investments of joint control of Setanta Sp orts Channel Ireland
Limited and Setanta Sports Hibernia S .a.r.l
Dated 20 May 2010
1. On 05 May 2010, in accordance with section 18 of the Competit ion Act
2002 (the “Act”), the Competition Authority (the “Autho rity”) received
a notification of a proposed transaction whereby MLM Management
Limited (“MLM”) and Gaiety Investments (“Gaiety”) would ac quire joint
control of each of Setanta Sports Channel Ireland Limited (“SSCIL”)
and Setanta Sports Hibernia S.a.r.l. (“Setanta Hibernia S.a. r.l.”) the
(“Target Companies”).
2. On 06 May 2010 the Authority forwarded a copy of the notification to
the Minister and notified the undertakings involved in the proposed
transaction that th e Authority c onsidered it t o be a “media merger”
within the meaning of section 23 of the Act.
The Undertakings Involved
3. MLM was incorporated in Ireland in 2009 as an acquisition vehicle to
facilitate the acquisition of shares in certain companies in the Setanta
Sports Group following the appointment of receivers and
administrators over Setanta Sport Holdings Limited and other
companies in the Setanta Sports Group. MLM is owned by Leonard
, Michael O’Rourke
and Mark O’Meara
. MLM owns a number of
companies which comprised the international broadcasting business of
the Setanta Sports Group. These companies are active in broadcasting
sports television programming outside the State.
4. Currently, MLM holds a 50% interest in Setanta Transmissions Limited
with the other 50% interest being held by Gaiety. Setanta
Leonard Ryan and Michael O’Rourke each have a 50% interest in Setanta
Radio Limited, a non-trading holding compa ny, which holds a minority non-
controlling interest in two Irish radio stations, Newstalk 106 Limited and CK
Broadcasting Limited trading as KCLR 96 FM.
Michael O’Rourke is also the majority owner o f MSK Media Limited, which
carries out broadcasting activities but is not active in the State.
Mark O’Meara was the Chief Operations Of ficer of the former holding
company of the Setanta Sports Group.

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