Decision Nº M/14/036 from Competition and Consumer Protection Commission, 2015-01-12

Decision NumberM/14/036
PartiesDalata Hotel Group plc.,Clayton Hotel Galway
StatusCleared (Phase 1)
M/14/036-Dalata/Clayton Hotel 1
DETERMINATION
OF
MERGER
NOTIFICATION
M/14/036
-
DALATA
/
CLAYTON
HOTEL
Section 21 of the Competition Act 2002
Proposed acquisition of the Clayton Hotel Galway by Dalata Hotel Group
p.l.c.
Dated 12 January 2015
Introduction
1.
On 28 November 2014, in acc ordance with section 18(1) of the Competition Act
2002 as amended (“the 2002 Act”), the Competition and Consumer Protection
Commission (“the Commission”) received a notification of a proposed transaction
whereby Dalata Hotel Group p.l.c. (“Dalata”) would acquire certain assets,
namely the Clayton Hotel, Galway
1
from Three Corner Holdings Limited (In
Receivership), Printridge Limited (In Receivership) and Ballybrit Clayton
Management Company Limited.
2
The Proposed Transaction
2. The proposed transaction is pursuant to (i) a Business Sale Agreement between
Ballybrit Clayton Management Company Limited and DHGL Limited and (ii) a
Property Sale Contract between Three Corner Holdings Limited (In Receivership),
Printridge Limited (In Receivership), Ballybrit Clayton Management Company
Limited and DHGL Limited.
3
1
On 5 December 2014 the Commission received a notification of a proposed transaction whereby Dalata would acquire
certain assets, namely the Pillo Hotel, also located in Galway (see Merger Notification M/14/037 – Dalata/Pillo Hotel).
The Commission’s analysis of Dalata’s proposed acquisition of the Clayton Hotel in the present case proceeds on the
assumption that Dalata’s acquisition of the Pillo Hotel, as notified to the Commission, has been implemented. See
.
2
The first two companies act through Kieran Wallace of KPMG as receiver and the third company is a corporate entity
controlled by Kieran Wallace to operate the hotel.
3
Both of these documents are dated 14 October 2014 . DHGL Limited is a wholly owned subsidiary of Dalata. See also
footnote 8.

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