Decision Nº M/03/043 from Competition and Consumer Protection Commission, 2004-01-22

CourtCompetition and Consumer Protection Commission (Ire)
Parties3i Group,Hyva
Decision Date22 January 2004
Decision NumberM/03/043
StatusCleared (Phase 1)
Date22 January 2004
Determination of the Competition Authority
Determination No. M/03/043 of the Competition Authority, dated the 22nd of
Notification No. M/03/043 – Acquisition by 3i Group plc of Hyva Group BV
Introduction
1. On the 22nd of December 2003 the Competition Authority, in accordance with
Section 18 (1) of the Competition Act, 2002 (“the Act”) was notified, on a
mandatory basis, of a proposal whereby 3i Group plc (3i) would acquire the Hyva
Group BV (Hyva), a group of companies involved in the production and sale of
loading systems and components for commercial vehicles.
The Parties
2. 3i is a venture capital and private equity company that has investments in, inter
alia, software and IT services, healthcare and childcare, real estate, textiles,
frozen foods, general retail, security, building materials, engineering and
machinery.
3. Hyva is a company, registered in the Netherlands, that is involved in the
development, production, marketing and distribution of components for
commercial vehicles, including hydraulic loading and unloading systems used in
the road transport industry.
Analysis
4. 3i does not carry on business in Ireland in the area of producing and selling
loading systems and components for commercial vehicles. Therefore, there is no
significant overlap in the parties’ activities. Accordingly, the proposed
transaction does not give rise to competition concerns.
Determination
The Competition Authority, in accordance with Section 21(2) of the Competition Act,
2002, has determined that, in its opinion, the result of the proposed acquisition will
not be to substantially lessen competition in markets for goods and services in the
State and, accordingly, that the acquisition may be put into effect.
For the Competition Authority
Edward Henneberry
Member of the Competition Authority
22nd January 2004
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