Dáil Éireann debate -
Tuesday, 20 Nov 2001

Vol. 544 No. 3

Written Answers. - Company Merger.

Andrew Boylan

Question:

111 Mr. Boylan asked the Tánaiste and Minister for Enterprise, Trade and Employment the role played by the Competition Authority in the takeover of a company (details supplied); and if she will make a statement on the matter. [28624/01]

Proinsias De Rossa

Question:

118 Proinsias De Rossa asked the Tánaiste and Minister for Enterprise, Trade and Employment the principal terms and conditions she has attached to her approval of the takeover of a company (details supplied); and if she will make a statement on the matter. [28637/01]

Michael D'Arcy

Question:

125 Mr. D'Arcy asked the Tánaiste and Minister for Enterprise, Trade and Employment the reasons she felt it inappropriate to refer a recent takeover (details supplied) to the Competition Authority; and if she will make a statement on the matter. [28621/01]

Charles Flanagan

Question:

187 Mr. Flanagan asked the Tánaiste and Minister for Enterprise, Trade and Employment the reasons she did not deem it necessary to refer a takeover of a company (details supplied) to the Competition Authority. [29037/01]

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney):

I propose to take Question Nos. 111, 118, 125 and 187 together.

The merger proposal concerned was not referred to the Competition Authority and accordingly the authority had no role in the examination of that merger by my Department. Having considered the proposed merger and received the advice of my Department, I was satisfied that the proposed merger did not involve risks to competition or to the public interest as would warrant a referral to the Competition Authority.

Under the Mergers and Take-overs (Control) Acts, 1978 to 1996, I am not empowered to attach terms and conditions to an approval of a merger which is not referred to the Competition Authority. However, following discussions between my Department and the notifying parties in this case, undertakings were voluntarily given by Valentia Telecommunications Limited and Sir Anthony O'Reilly.

Valentia undertook that Sir Anthony O'Reilly would not be given access to information which would reasonably be considered as confidential competitive information and which would confer an unfair competitive advantage on Valentia or Chorus Communications Limited in relation to the current licensed telecommunications operations of Chorus, except for information given to enable Sir Anthony O'Reilly to comply with his statutory and fiduciary duties. Sir Anthony gave a corresponding undertaking to recuse himself from Valentia board discussions relating to Chorus. Sir Anthony O'Reilly also gave an undertaking to recuse himself from any role in Independent News and Media plc relating to Chorus Communications Limited.

Question No. 112 answered with Question No. 99.