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

Decision NumberM/11/039
Date06 January 2012
PartiesSetanta Sports Broadcasting Limited,Danu Capital Partners Limited,TDL Media Limited
StatusCleared (Phase 1)
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
[…].

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