Decision Nº M/11/039 from Competition and Consumer Protection Commission, 2012-01-06

• Jurisdiction: Ireland
• Parties: Setanta Sports Broadcasting Limited,Danu Capital Partners Limited,TDL Media Limited
• Date: 06 January 2012
• Decision Date: 06 January 2012
• Status: Cleared (Phase 1)
• Court: Competition and Consumer Protection Commission (Ireland)
• Decision Number: M/11/039

M/11/039 – TDL/Danu/Setanta

DETERMINATION OF MERGER NOTIFICATION M/11/039 -

TDL/Danu/Setanta

Section 21 of the Competition Act 2002

Proposed acquisition by Michael O’Rou rke through TDL Media Limited

of Setanta Sports Broadcasting Lim ited

Dated 6 January 2012

Introduction

1. On 12 December 2011, in accorda nce with section 18 of the

Competition Act 2002 (“the Act”), the Competition Authority (“the

Authority”) received a notification of a proposed transaction whereby

Michael O’Rourke would, through his company TDL Media Limited

(“TDL”), acquire so le control of Setanta Sports Br oadcasting Limited

(“Setanta Sports Broadcasting”).

2. Michael O ’Rourke, through TDL, would acquire sole control of Setanta

Sports Broadcasting subsequent to the completion of two related

transactions. First Danu Capital Partners Limited (“Danu”), […], will

acquire 99.94% of the issued capital, and thereby sole control, of

Setanta Sports Broadcasting. […].

1

Second, TDL, which is 100%

owned by Mr O’Rourke, will acquire the c ombined shareholding

(62.5%) in Danu of Messrs Mark O’Meara and Leonard Ryan. The

remaining 37.5% share in Danu wi ll remain with Mr O’Rourke.

2

Consequently Mr O’Rourke, individua lly and as sole shareholder of TD L,

will acquire 100% ownership of Danu.

3. On 12 Decemb er 2011, the Authority forwarded a c opy of the

notification to the Minister, and notified the undertakings involved that

it considered the proposed tra nsaction to be a med ia merger within the

meaning of section 23(1) of the Act.

1

[…].

2

[…].