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Dublin 15th December – CCPC blocks Uniphar Acquisition of NaviCorp

The Competition and Consumer Protection Commission (CCPC) announced that it had prohibited the proposed acquisition of NaviCorp Ltd by Uniphar PLC having concluded that the proposed acquisition would substantially lessen competition in the markets for:

  • The provision of buying group services in the State and
  • The provision of common management and branding services in the State

The transaction was originally notified to the CCPC in December 2021. In April 2022, the CCPC decided to carry out a full Phase 2 investigation into the proposed acquisition and subsequently issued an assessment to the parties in September 2022.

This is the first merger to have been prohibited under the Competiton Act, 2002, as amended, since the CCPC’s predecessor, the Competition Authority prohibited Kerry Groups acquisition of Breeo Foods in 2008. That decision was subsequently overturned following an appeal to the High Court.

Dublin 13th December – East Cork Oil abandons misty lane acquisition.

The Competition and Consumer Protection Commission (CCPC) announced that East Cork Oil Company Unlimited Company had abandoned its plans to acquire sole control of Misty Lane Holdings Limited (Misty Lane) and its subsidiaries, and that the parties were therefore withdrawing the notification of that proposed acquisition which had been submitted on 30th March 2022.

The CCPC had issued an assessment of the proposed acquisition to both parties on 25th November outlining the CCPC’s preliminary conclusions that the proposed acquisition would be likely to result in a substantial lessening of competition in certain geographic markets for:

  • The supply of kerosene (home heating oil) to small customers
  • The supply of Sulphur Free Gas Oil (agricultural or ‘green’ diesel) to small customers and
  • The supply of road diesel to small customers

East Cork Oil informed the CCPC that it did not agree with those preliminary conclusions but informed the CCPC on 12th December 2022 that it had decided not to proceed with the proposed acquisition.

Dublin 6th December – Competition and Consumer Protection Commission Annual Merger Review Breakfast Briefing.

Compecon’s Patrick Massey participating on the panel discussing twenty years of Irish merger control at the CCPC Annual Merger Review Breakfast Briefing at the Spenser Hotel in Dublin.

Dublin 25th november – CCPC Issues Assessment of Planned Fuel Merger.

The Competition and Consumer Protection Commission (CCPC) announced that it had issued an Assessment to the merging parties in respect of East Cork Oil’s proposed acquisition of Misty Lane. The transaction was notified to the CCPC in March. The Assessment outlines the CCPC’s preliminary conclusions in relation to the proposed transaction. The issuing of an Assessment indicates that the CCPC has concerns that the proposed transaction may be aniti-competitive.

Dublin 8th november – CCPC Accepts Binding Commitments in Grocery Wholesale Merger.

The Competition and Consumer Protection Commission (CCPC) announted that it had cleared BWG’s acquisition of McCarricks subject to binding commitments. Both parties are engaged in the wholesale grocery business. The commitments are are intended to prevent BWG from acquiring McCarrick’s shareholdings in two wholesale buying groups, Stonehouse and GRSL, and to prevent the exchange of competitively sensitive information between BWG, Stonehouse and/or GRSL,

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