Decision Nº M/04/028 from Competition and Consumer Protection Commission, 2004-05-19

CourtCompetition and Consumer Protection Commission (Ire)
PartiesAventis,Abbott
Decision NumberM/04/028
Date19 May 2004
StatusPreliminary investigation (Phase 1)
Decision Date19 May 2004
Determination of the Competition Authority
Determination No. M/04/028 of the Competition Authority, dated
Notification No. M/04/028 – the proposal by Abbott Laboratories
to acquire certain assets of Aventis S.A.
Introduction
1. On 5 May 2004 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 Abbott Laboratories and
several of its affiliates (“Abbott”) would acquire that part of the
business of Aventis S.A. connected with the manufacture, distribution
and sale of pharmaceutical products containing either Trandolapril or a
combination of Trandolapril/Verapamil as the active ingredient (the
“Proposed Transaction”).
2. Under the proposed transaction, Abbott would acquire Aventis’
manufacturing and marketing rights worldwide, except for marketing
rights in Japan. Manufacturing rights (except for the United States)
relating to Aventis’ products containing only Trandolapril as an active
ingredient would be acquired by Abbott Ireland.
3. The proposed transaction is global in nature and was notified to both
the German Federal Cartel Office and the United States Federal Trade
Commission on 1 March 2004. Both bodies cleared the proposed
transaction, on 26 and 31 March 2004, respectively.
The Parties
4. Abbott, headquartered in the United States, is a multinational
corporation engaged in the manufacture and supply of a broad range
of healthcare products and services. Abbott’s Irish activities
encompass pharmaceutical products, medical hospital products,
medical diagnostics and medical nutritionals. Abbott’s Irish
headquarters are based in Sligo and it operates three manufacturing
facilities in Sligo, other plants in Donegal, Cavan and Galway, and a
marketing and sales office in Dublin.
5. Aventis, headquartered in France, also develops and markets
pharmaceutical products. Aventis’ core business comprises activities in
prescription medicines, human vaccines and animal health.
Current relationship of the Parties
6. Aventis manufactures Trandolapril and sells the major part of its
output to Abbott. Abbott in turn uses Trandolapril as an active
ingredient in the manufacture of medication for treatment of
hypertension. This medication is then distributed in part by Abbott,
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