Decision Nº M/04/010 from Competition and Consumer Protection Commission, 2004-03-08

CourtCompetition and Consumer Protection Commission (Ire)
PartiesBarclays plc,Dualwise Limited
Decision NumberM/04/010
Date08 March 2004
StatusPreliminary investigation (Phase 1)
Decision Date08 March 2004
Determination of the Competition Authority
Determination No. M/04/010 of the Competition Authority, dated 8th March
Notification No. M/04/010 – The proposed acquisition by Barclays plc of
Dualwise Limited
Introduction
1. On 9th February 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 Barclays plc (“Barclays”), through its wholly-owned
subsidiary Barclays Private Equity Limited (“BPE”), would acquire Dualwise
Limited (“Dualwise”) (“the proposed acquisition”).
The Parties
2. Barclays, one of the largest financial services groups in the UK, operates in the
banking, investment banking and investment management sectors. It also
provides services to global corporations and financial institutions. Barclays
operates in more than 60 countries and has over 73,600 employees.
Barclays Private Equity Limited (“BPE”), a subsidiary of Barclays, is a leading
European mid-market private equity investment company, presently having
investments in over 300 businesses.
3. Dualwise is the UK-based parent company of the international Deb group of
companies, which manufactures and supplies skincare and surface cleaning
products and systems. The group’s product ranges consist of hand cleaners,
protective creams and lotion soaps, primarily delivered via a range of proprietary
dispensers, and surface cleaning products. These product ranges are sold in the
“away from home” sectors, i.e. the industrial, automotive, commercial and
medical sectors.
Dualwise has no physical presence in Ireland, it sells its products in Northern
Ireland and in the State through independent distributor customers.
Analysis
4. In Ireland, Barclays provides business and personal banking services. Its
subsidiary, Barclays Industrial Development Ltd, holds an investment in Creative
Outsourcing Solutions International Group Ltd (“COSi”). Cosi’s UK subsidiary
contract manufactures personal care and hygiene products, such as hair care
products, bath and shower gels, and associated products, operating as an
outsourcer for brand owners and developers.
Cosi’s product ranges can be clearly distinguished from those of Dualwise
because Cosi’s branded, personal grooming products are supplied to the High
Street retail sector, whereas Dualwise’s skincare and surface cleaning products
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