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

CourtCompetition and Consumer Protection Commission (Ire)
PartiesHewlett-Packard,Novadigm Inc
Decision NumberM/04/013
Date29 March 2004
StatusPreliminary investigation (Phase 1)
Decision Date29 March 2004
Determination of the Competition Authority
Determination No. M/04/013 of the Competition Authority, dated 29th March
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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