CCPC issues assessment to parties in Phoenix/Cellnex merger investigation
November 12, 2024
The Competition and Consumer Protection Commission (CCPC) has issued its preliminary assessment to the parties involved in the proposed acquisition of Cellnex Ireland Limited and Cignal Infrastructure Limited (together, Cellnex) by Phoenix Tower International Holdco, LLC (Phoenix).
The assessment sets out the CCPC’s preliminary concerns about how the proposed acquisition could reduce competition in the passive infrastructure sector. Passive infrastructure, which includes towers or masts, is crucial for mobile network operators and other service providers. Mobile operators fix active network equipment to it, including antennae and dishes.
As this is a preliminary assessment and not a final determination, the parties now have the right to respond in writing. The parties can also request to make oral submissions and get access to the CCPC’s file.
Phoenix and Cellnex are both independent tower companies which host active network equipment on their passive infrastructure sites. Customers of independent tower companies in Ireland include the three mobile network operators (Three, eir, and Vodafone), Fixed Wireless Access operators, wireless broadband network operators and emergency services.
This proposed transaction (M/24/018) was notified to the CCPC in March 2024. Following a preliminary examination, the CCPC decided an in-depth investigation was needed to establish whether the proposed transaction will result in a substantial lessening of competition in the State.
Based on the timelines as set out in the CCPC’s merger review process, it is expected that the full investigation will conclude no later than February 2025. At that time, the outcome of the investigation will be published on ccpc.ie. A full non-confidential version of the CCPC’s determination will subsequently be published.
As the merger control review is ongoing, no further information or comment can be provided at this time.
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