CCPC requires commitments from Panda to secure approval for acquisition of Knockharley Landfill
February 6, 2019
The Competition and Consumer Protection Commission (CCPC) has cleared, subject to binding commitments, the proposed acquisition of Knockharley Landfill Limited (Knockharley), by Pandagreen Limited (Panda).1 Subject to the completion of this transaction, the CCPC has also approved the acquisition of sole control of Natureford Limited by ST Cloud Limited.2
Following notification on 9 July 2018, the CCPC undertook an investigation to establish whether the proposed transactions would result in a substantial lessening of competition for goods or services in the State. This involved engagement with a number of third parties, including waste collectors and processors, downstream disposal and recovery outlets, regulatory bodies, and commercial collection customers.
Knockharley is active in the recovery and disposal of non-hazardous waste materials from waste collectors, waste treaters/processors, and other waste management companies. Panda is active in the collection, transfer and treatment/processing of waste taken from commercial and domestic premises. Panda is currently Knockharley’s largest customer. In the course of the investigation, the CCPC identified competition concerns arising from the proposed transaction, specifically in relation to competitors’ access to the Knockharley and Ballynagran landfills. The restriction or elimination of access to these landfills had the potential to reduce Panda’s competitors’ ability to operate or compete.
To address these concerns, the parties submitted proposals to the CCPC. These included commitments that capacity at the Knockharley Landfill would be made available for both disposal and recovery uses by third party operators, and that a cap would apply to Panda’s use of the existing capacity at the Ballynagran Landfill site.
Following detailed consideration and further analysis, the CCPC concluded that these commitments were sufficient and effective in addressing the competition concerns identified. The commitments form part of the CCPC’s determination to clear the proposed transaction, which makes them legally binding on the parties.
Pandagreen Limited is a private company limited by shares and incorporated in Ireland. Pandagreen is ultimately controlled by Sretaw 2 Limited, a private company. Pandagreen is involved in the Waste and Utilities sector in the State.
Knockharley Limited is an Irish limited liability company, engaged in the construction, operation, and development of Knockharley landfill. Knockharley is active in the recovery and disposal of non-hazardous waste materials from waste collectors, waste treaters/processors, and other waste management companies.
The Knockharley landfill is located at Navan, Co. Meath, and the Ballynagran Landfill is located at Ballynagran, Co. Wicklow.
 Pandagreen Limited is a wholly owned subsidiary of Sretaw 2 Limited.
 ST Cloud Limited (“ST Cloud”) is a wholly owned subsidiary of Sretaw Unlimited Company.