Decision Nº M/14/038 from Competition and Consumer Protection Commission, 2015-01-22

Decision NumberM/14/038
PartiesTom Chawke Trading Limited,Maxol Limited
StatusCleared (Phase 1)
1
Merger Notification No. M/14/038 – Maxol / Tom Chawke
DETERMINATION
OF
MERGER
NOTIFICATION
M/14/038
-
M
AXOL
/
T
OM
C
HAWKE
T
RADING
Section 21 of the Competition Act 2002
Proposed acquisition by Maxol Limited of Tom Chawke Trading Limited
Dated 22 January 2015
Introduction
1. On 15 December 2014, in accordance with section 18(1) of the Competition Act 2002,
as amended
1
(“the Act”), the Competition and Consumer Protection Commission (“the
Commission”) received a notification of a proposed transaction whereby Maxol Limited
(“Maxol”) would acquire the entire issued share capital and therefore sole control of
Tom Chawke Trading Limited (”Tom Chawke Trading”).
The Transaction
2. The proposed transaction consists of a conditional share purchase agreement dated 03
December 2014, between Maxol and Tom Chawke Trading, providing for the purchase
by Maxol of the entire issued share capital of Tom Chawke Trading.
3. Maxol is also acquiring certain properties associated with the business of Tom Chawke
Trading in accordance with the terms of an asset purchase agreement between an
individual
2
and Maxol dated 3 December 2014. This includes the land and buildings
from which the business carried on by Tom Chawke Trading operates, two leased retail
units and an adjacent site.
The Undertakings Involved
The Acquirer
4. Maxol is a subsidiary of Maxol Energy Limited
3
, which in turn is a wholly owned
subsidiary of McMullan Brothers Limited, a family-owned private company founded in
1920 with its registered office at 3 Custom House Plaza, IFSC, Dublin 1.
5. The main activity of Maxol in the State is the wholesale and retail distribution of
petroleum products across the country.
1
It should be noted that the Competition and Consumer Protection Act 2014 made a number of important amendments to the
merger review regime set out in the Competition Act 2002.
2
Thomas A Chawke of Castletroy, County Limerick.
3
Two other subsidiaries are Maxol Lubricants Limited in the State and Maxol Oil Limited in Northern Ireland.

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