Decision Nº M/04/049 from Competition and Consumer Protection Commission, 2004-09-22

CourtCompetition and Consumer Protection Commission (Ire)
PartiesRIG Holdings,EADS
Decision Date22 September 2004
Decision NumberM/04/049
StatusPreliminary investigation (Phase 1)
Date22 September 2004
Determination of the Competition Authority
Determination No. M/04/049 of the Competition Authority, dated 22
Notification No. M/04/049 – The proposal by European Aeronautic
Defence & Space Company N.V. (EADS) to acquire RIG Holdings Inc. and
RIG (Number 2) Limited
Introduction
1. On 27 August 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 European Aeronautic Defence & Space Company
N.V. (“EADS”) would acquire two subsidiaries of RIG LP: RIG Holdings Inc.
and RIG (Number 2) Limited (together described herein as “RIG”). The
notified transaction is hereinafter described as “the proposed acquisition”.
2. The proposed acquisition is global and was also notified to the competition
authorities in Brazil, Germany, Italy and the United States.
The Parties
3. The Acquirer, EADS, is a publicly traded aerospace and defence company,
incorporated in the Netherlands. EADS operates five divisions: Airbus
(airplane manufacturing); Military Transport Aircraft; Aeronautics (other than
Airbus and Military Transport Aircraft); Defence and Security Systems; and
Space. The Airbus division has an office in Dublin for dealing with aircraft
leasing companies. Other subsidiary businesses, EADS CASA and Eurocopter,
operate in the State in the supply of helicopters and CESNA 235 aircraft.
EADS' Irish offices are located at IFSC, Dublin 1.
4. RIG Holdings, Inc., the first target company, is incorporated in the United
States. RIG (Number 2) Limited, the second target company, is incorporated
in the United Kingdom. Both target companies are owned by RIG LP, a limited
liability partnership registered in the United States. RIG LP and its
subsidiaries (including the target companies) manufacture electronic test and
measurement instruments and automatic test equipment, which are used in
aerospace and defence and industrial technology system, and also in other
applications. RIG LP does not have any physical presence in the State, but
makes sales into the State from a UK subsidiary company.
Analysis
5. Globally and in terms of product overlap, the proposed acquisition affects two
categories of product.
6. The first category is electronic test and measurement instruments
(“instruments”), which are used to test the design and functionality of
electronic equipment and systems. EADS designs and manufactures
customised "specific-to-type" instruments, exclusively for testing and
measuring electronic products developed by its internal divisions, i.e. EADS
does not supply instruments to customers. RIG also designs and
manufactures instruments, which it supplies to aerospace and defence
organisations, including EADS.
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