Nikkei / Financial Times [2015] IECompA m15026 (9 June 2015)
- Status
- Judgment
- Jurisdiction
- Ireland
- Posture
- Merger Clearance / Final Determination
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Competition and Consumer Protection Commission determined that the proposed acquisition would not substantially lessen competition in the relevant market and therefore cleared the merger.
Court disposition
merger cleared
Orders
- The proposed acquisition by Baxter Healthcare Limited of certain assets relating to the medical compounding business of Fannin Limited is cleared.
02
Material facts
Parties
Baxter Healthcare Limited
AcquirerFannin Limited
TargetAmounts and remedies
- Notification Date: 20,150,609
- Decision Date: 20,151,021
03
Procedural history
Posture
Merger Clearance / Final Determination
04
Questions and positions
Legal issues
Whether the proposed acquisition would substantially lessen competition in the relevant market
Party arguments
- Applicant
- Baxter Healthcare Limited argued that the acquisition would not adversely affect competition and would enhance efficiency in the medical compounding business.
- Respondent
- Fannin Limited did not oppose the merger and asserted that the transaction would not negatively impact competition.
05
Court’s reasoning
Legal principles
- 01
Competition Act 2002 (Ireland)
Assessment of mergers under Irish competition law to prevent substantial lessening of competition.
06
Ratio, limits and disposition
Ratio decidendi
The Competition and Consumer Protection Commission determined that the proposed acquisition would not substantially lessen competition in the relevant market and therefore cleared the merger.
Court disposition
merger cleared
- The proposed acquisition by Baxter Healthcare Limited of certain assets relating to the medical compounding business of Fannin Limited is cleared.
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Irish Competition Authority Decisions >> Nikkei / Financial Times [2015] IECompA m15026 (9 June 2015) URL: https://www.bailii.org/ie/cases/IECompA/2015/m15026.html Cite as: [2015] IECompA m15026 [ New search ] [ Help ] Nikkei / Financial Times [2015] IECompA m15026 (9 June 2015) Page Attachment M-15-026 Merger Announcement_3 September 2015.pdf (213.86 KB) (213.86 KB) M-15-026 Baxter Fannin Phase 1 Determination.pdf (135.82 KB) (135.82 KB) Baxter Fannin Determination Announcement 21.10.15.pdf (430.39 KB) (430.39 KB) Transaction details The proposed acquisition by Baxter Healthcare Limited of certain assets relating to the medical compounding business of  Fannin Limited has  been cleared by the Competition and Consumer Protection Commission. Economic sector Media merger Pharmaceutical sector. No Notification date: Tuesday, June 9, 2015 Parties Involved Business activities Baxter Healthcare Limited Baxter Healthcare is a global healthcare company primarily active in the medical device, pharmaceutical and biotechnology sectors. Fannin Limited Fannin is a provider of medical devices, medicines, diagnostic products and related services in Ireland. Case Officer Assigned Contact Details Barry O'Donnell Tel: 01-470 3696, e-mail: barryodonnell@ccpc.ie The deadline for any third parties who wish to make submissions regarding the competition aspects of this
merger is: Phase 1 Phase 2 Monday, June 22, 2015 Monday, September 14, 2015 Date of Requirement for Information Date Information Received Friday, July 17, 2015 Friday, July 24, 2015 Current status Completed Cleared (Phase 2) Decision date: Wednesday, October 21, 2015 Competition and Consumer Protection Commission (Ireland) © BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/ie/cases/IECompA/2015/m15026.html
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