M/19/017 - Duke Street (DS Spring)/ DCC Vital (UK) & Kent Pharma UK [2019] IECompA m19017 (2 August 2019)

M/19/017 - Duke Street (DS Spring)/ DCC Vital (UK) & Kent Pharma UK [2019] IECompA m19017 (2 August 2019)

The Commission found that the proposed acquisition would not result in a substantial lessening of competition in any market for goods or services in the State.

Parties
Acquirer: Duke Street LLP; Acquirer: DS Spring Bidco Limited; Target: DCC Vital (UK) Limited; Target: Kent Pharma UK Limited; Parent of Kent Pharma UK Limited: Fannin (UK) Limited; Ultimate Parent of DCC Vital (uk) Limited and Kent Pharma UK Limited: DCC plc
Jurisdiction
Ireland
Judgment Date
02 August 2019
Procedural Posture
Merger Control / Phase 1 Clearance
Outcome
Cleared
Legal Topics
Merger Control, Pharmaceutical Sector, Private Equity Acquisition
Competition Law Merger Control Pharmaceutical Sector Private Equity Acquisition

Case Brief

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Parties

Duke Street LLP

Acquirer

DS Spring Bidco Limited

Acquirer

DCC Vital (UK) Limited

Target

Kent Pharma UK Limited

Target

Fannin (UK) Limited

Parent of Kent Pharma UK Limited

DCC plc

Ultimate Parent of DCC Vital (uk) Limited and Kent Pharma UK Limited

Procedural Posture

Merger Control / Phase 1 Clearance

Legal Issues

  1. 1 Whether the proposed acquisition would substantially lessen competition in the relevant markets

Ratio Decidendi

The Commission found that the proposed acquisition would not result in a substantial lessening of competition in any market for goods or services in the State.

Court Disposition

Cleared

Orders

  • The proposed acquisition by Duke Street, via DS Spring Bidco Limited, of sole control of DCC Vital (UK) Limited and Kent Pharma UK Limited is cleared.