CCPC requires sale of facility to secure approval for Enva/Rilta merger
December 20, 2018
- Enva also subject to behavioural remedy in relation to the supply of services
The Competition and Consumer Protection Commission (CCPC) has cleared, subject to binding commitments, the proposed acquisition by Enva (Exponent Private Equity LLP, through Enva Irish Opco Limited) of the Rilta Group.
Following notification on 4 May 2018, the CCPC undertook a significant two-phase investigation to establish whether the proposed transaction would result in a substantial lessening of competition in any market for goods or services in the State.
Both Enva and the Rilta Group supply non-hazardous and hazardous waste management services. As a result, the CCPC analysed the likely competitive impact of the proposed transaction across multiple waste management markets. This detailed investigation included surveys of a considerable number of third parties, such as competitors, customers and regulatory bodies.
The CCPC identified competition concerns arising from the proposed transaction affecting three markets in State involved in the supply of; (i) hazardous oily tank and interceptor waste collection and treatment services, (ii) hazardous waste lubricant oil collection and treatment services and (iii) hazardous contaminated soil collection services.
To address the CCPC’s concerns, the parties submitted proposals providing both a structural and behavioural remedy. Under the structural remedy, Enva must sell its entire EPA-licensed facility at John F. Kennedy Industrial Estate, John F. Kennedy Road, Naas Road, Dublin 12. The facility is licensed to accept and treat hazardous oily tank, interceptor waste and hazardous waste lubricant oil up to a capacity of 34,500 tonnes per annum. Under the behavioural remedy, Enva must also accept hazardous waste, lubricant oil and hazardous contaminated soil from any party subject to certain provisions.
Following detailed consideration and further analysis, including market testing, the CCPC concluded that these commitments were sufficient to address the identified competition concerns.
Exponent Private Equity LLP is a limited liability partnership established in England and Wales that makes private equity investments in businesses across a range of industry sectors. Exponent Private Equity LLP controls a number of portfolio companies which generate revenue in the State, including The Enva Group which provides hazardous and non-hazardous waste services to business customers in the State and Northern Ireland.
The Rilta Group comprises of; Richardstown Investments Limited, Grangerath Investments Limited, Noah Investments Limited and their subsidiaries including Rilta Environmental Limited and its subsidiaries, ClearCircle Environmental (NI) Limited, Soils Environmental Services Unlimited Company, Returnbatt Unlimited Company, Cullen Environmental Services Limited.
Rilta Environmental Limited and its subsidiaries provide hazardous and non-hazardous waste services to business customers in the State and Northern Ireland.
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