Decision Nº M/04/013 from Competition and Consumer Protection Commission, 2004-03-29

• Jurisdiction: Ireland
• Parties: Hewlett-Packard,Novadigm Inc
• Date: 29 March 2004
• Decision Number: M/04/013
• Status: Preliminary investigation (Phase 1)
• Court: Competition and Consumer Protection Commission (Ireland)
• Decision Date: 29 March 2004

Determination of the Competition Authority

Determination No. M/04/013 of the Competition Authority, dated 29th March

2004, under Section 21 of the Competition Act, 2002

Notification No. M/04/013 – The acquisition by Hewlett-Packard Company of

Novadigm Inc.

Introduction

1. On 4th March 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 Hewlett-Packard Company (“HP”) would acquire sole

control of Novadigm Inc. (“Novadigm”), through the purchase of 100% of

Novadigm’s shares, other than those shares already held by HP - “the proposed

acquisition”.

2. The proposed acquisition has global effect and was also notified in Germany,

Italy, Brazil and the United States. The competition authorities in those

jurisdictions have since approved it.

The Parties

3. HP is incorporated in the United States and is the parent company of the HP

Group. The HP Group manufactures and supplies IT computing systems and

services, and IT imaging and printing products and services, on a global basis,

employing about 142,000 people worldwide.

4. In Ireland, HP offers its full range of IT products and services. HP has five key

Irish operations: sales and services; a Dublin-based ink-jet manufacturing

division; a Dublin-based customer support centre, providing technical advice and

remote help desk solutions for the European, Middle Eastern and African regions;

HP’s European Software Development Centre, based in Galway; and HP

International Bank, a financial services division which offers IT leasing and

financing services.

5. Novadigm, incorporated in the United States, develops, markets and supports IT

software and service solutions that enable commercial and state bodies to

automatically deploy and manage software throughout their computing

infrastructures. This is known in the IT industry as IT software change and

configuration management.

6. Novadigm software allows IT components to be organised and personalised to

match the desired end use of a particular individual or organisation. Novadigm

specialises in software change and configuration management of digital assets,

such as operating systems, applications, content and configuration settings on

commercial computing devices, including IT network servers, desktop and laptop

computers, and specialty devices such as automated teller machines (ATMs).

Novadigm employs 286 people worldwide.

7. Novadigm has no physical presence in the State, but has limited sales into Ireland

through its European subsidiaries. Those three subsidiaries, based in Paris,

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