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

• Jurisdiction: Ireland
• Parties: Tom Chawke Trading Limited,Maxol Limited
• Date: 22 January 2015
• Decision Number: M/14/038
• Status: Cleared (Phase 1)
• Court: Competition and Consumer Protection Commission (Ireland)
• Decision Date: 22 January 2015

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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

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(“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

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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

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, 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.

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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.

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Thomas A Chawke of Castletroy, County Limerick.

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Two other subsidiaries are Maxol Lubricants Limited in the State and Maxol Oil Limited in Northern Ireland.