CCPC issues assessment to parties regarding Dublin Airport carpark acquisition
December 18, 2023
The Competition and Consumer Protection Commission (CCPC) has issued its preliminary assessment to the parties involved in the proposed acquisition by daa of a site located on the Swords Road, Santry, Dublin 9 from Mr Gerard Gannon (M/23/011 DAA plc/Certain Assets of Mr Gerard Gannon). The site was previously operated by a third party as a carpark under the QuickPark brand.
The assessment sets out the CCPC’s preliminary concerns about how the proposed acquisition could reduce competition in the provision of public car parking spaces in the vicinity of Dublin Airport.
This assessment sets out the preliminary views of the CCPC and is not a final determination. The parties now have the right to respond in writing to the assessment. The parties can also request to make oral submissions and get access to the CCPC’s file.
The proposed acquisition was notified to the CCPC in March 2023. The CCPC carried out a preliminary investigation and concluded that a full investigation was required to establish if the acquisition would lead to 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 March 2024. 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.
Background information
CCPC’s Merger Review Process
Certain mergers and acquisitions are required to be notified to the CCPC. While the vast majority of mergers and acquisitions raise no concerns, some mergers and acquisitions can reduce competition in a market, for example, by creating or strengthening a dominant player. This is likely to harm consumers through higher prices, reduced choice or less innovation.
The work undertaken by the CCPC during a merger investigation varies; however, it may include in-depth economic analyses of the affected market(s) or market segments, market research, engagement with the notifying parties, and consultations with suppliers, customers and competitors of merging parties.
Learn more about the CCPC’s merger review process and procedures.
Phase 2 Merger Investigations
If, after a Phase 1 investigation, the CCPC is unable to conclude that a proposed transaction will not lead to a substantial lessening of competition in any market for goods or services in the State, a Phase 2 investigation will be opened.
During a Phase 2 investigation, the CCPC continues to gather evidence from the parties involved in the proposed transaction and other third parties and deepens its analysis of the likely effects of a proposed transaction on competition.
In accordance with the CCPC’s mergers and acquisitions procedures, where the CCPC forms the preliminary view that a proposed transaction will likely result in a substantial lessening of competition in markets for goods or services in the State, it will formally put this preliminary view to the parties involved in the proposed transaction in the form of its ‘Assessment’. The parties may then respond to the Assessment in writing and/or make oral submissions to the CCPC.
The CCPC’s deadline to make a Phase 2 determination is 120 working days from the date the proposed transaction was notified or, where the CCPC has issued a requirement for information to any of the parties involved in Phase 1, the date when all the required information has been provided to the CCPC (i.e. the ‘Appropriate Date’). If, during a Phase 2 investigation, any of the parties involved submit proposals to the CCPC to ameliorate any effects of the merger or acquisition on competition, the deadline for making a Phase 2 determination becomes 135 working days from the ‘Appropriate Date’.
During Phase 2, this timeline may be paused if the CCPC issues a requirement for information to any of the parties involved in the merger and resumes when all the required information has been provided to the CCPC.
Within this deadline, the CCPC must determine whether to clear the proposed transaction (with or without conditions) or to prohibit it.
Transaction Details
daa is a commercial semi-State body whose principal activities involve the operation and management of Dublin and Cork airports. daa is seeking to purchase a site located on R132 Swords Road, Santry, Dublin 9 on which a car park was previously operated under the QuickPark brand. The site is currently owned by Mr Gannon and the proposed acquisition would see daa acquire sole control of the site.
Timelines
| Transaction Timelines to Date | Notes | |
| Notification | March 23, 2023 | The CCPC must issue a determination within a statutory deadline. In Phase 1 this is 30 working days and for a Phase 2 review this is 120 working days. The deadline is initially calculated from the date that the merger was notified to the CCPC. |
| Requirement for Information was issued to daa | May 4, 2023 | When the CCPC issues a requirement for information in a Phase 1 merger review, this ‘resets the clock’ and the notification date is no longer used to calculate the deadline. |
| Required Information received from daa and requirement for information complied with | June 29, 2023 | The CCPC’s deadline for making a merger determination is now calculated from this date i.e. the date on which the CCPC receives all of the required information. |
| Phase 1 Determination | August 9, 2023 | At the end of Phase 1, the CCPC must either clear the merger or carry out an in-depth Phase 2 review. |
| Phase 2 Requirement for Information was issued to daa | September 1, 2023 | When a requirement for information issues during a Phase 2 merger review, this ‘pauses the clock’ until the required information is received. |
| Information received from parties | November 22, 2023 | When the required information is received in a Phase 2 merger review, this ‘resumes the clock’ and determines the deadline by which the CCPC must issue a determination. |
| Assessment issued to the parties | December 18, 2023 | The parties involved in the merger may respond in writing to the Assessment within 15 working days of this date. Within 5 working days of being furnished with the Assessment, the parties must notify the CCPC as to whether they wish to make oral submissions. The CCPC will then fix a date to hear the submissions. |
| Phase 2 Determination | March 2024 | Further information on the merger review process and timelines is available in the CCPC mergers and acquisitions procedures. |
