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

• Jurisdiction: Ireland
• Parties: 3i Group,Hyva
• Date: 22 January 2004
• Decision Date: 22 January 2004
• Status: Cleared (Phase 1)
• Court: Competition and Consumer Protection Commission (Ireland)
• Decision Number: M/03/043

Determination of the Competition Authority

Determination No. M/03/043 of the Competition Authority, dated the 22nd of

January 2004, under Section 21 of the Competition Act, 2002

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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