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

• Jurisdiction: Ireland
• Parties: MLM Management Limited,Gaiety Investments,Setanta Sports
• Date: 20 May 2010
• Decision Number: M/10/012
• Status: Cleared (Phase 1)
• Court: Competition and Consumer Protection Commission (Ireland)
• Decision Date: 20 May 2010

Merger Notification No. M/10/012 – MLM/Gaiety/Setanta/JV

DETERMINATION OF MERGER NOTIFICATION M/10/012 -

MLM/Gaiety/Setanta/JV

Section 21 of the Competition Act 2002

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

Introduction

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

MLM

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

Ryan

1

, Michael O’Rourke

2

and Mark O’Meara

3

. 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

1

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.

2

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.

3

Mark O’Meara was the Chief Operations Of ficer of the former holding

company of the Setanta Sports Group.