Decision Nº M/04/006 from Competition and Consumer Protection Commission, 2004-02-26

CourtCompetition and Consumer Protection Commission (Ire)
PartiesAbbott Laboratories,TheraSense
Decision Date26 February 2004
Date26 February 2004
StatusPreliminary investigation (Phase 1)
Decision NumberM/04/006
Determination of the Competition Authority
Determination No. M/04/006 of the Competition Authority, dated 26th February
Notification No. M/04/006 – Proposed acquisition by Abbott Laboratories of all
of the issued shares of TheraSense.
Introduction
1. On 26th January 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 (“Abbott”) would acquire all the
issued shares of TheraSense, Inc (“TheraSense”) which it does not already own.
The Parties
2. Abbott is a US-registered multinational corporation which is engaged in the
discovery, development, manufacture and sale of a broad and diversified line of
health care products and services. In Ireland, Abbott sells pharmaceutical
products, medical hospital products, medical diagnostics and medical nutritionals.
3. TheraSense develops, manufactures and sells glucose monitoring systems
designed to reduce the pain of testing for people with diabetes. TheraSense did
not have any sales in the Republic of Ireland in 2003 or 2002. It did, however,
have sales in Northern Ireland of between €[ ] and €[ ] in 2003.
Analysis
4. There is overlap in the products manufactured by both parties. Abbott’s medical
diagnostic sales division also produces glucose monitoring systems for diabetes
patients. However, the transaction does not give rise to competitive overlap in
the State given that TheraSense does not have any sales into the State. Moreover
the small share of TheraSense in the UK (including Northern Ireland) in this
sector – c.[0-5]%, coupled with the sufficiency of competitors in the blood
glucose monitoring sector in Ireland ensures that the proposed transaction does
not give rise to competition concerns.
Determination
The Competition Authority, in accordance with Section 21(2) of the Competition Act,
2002, has determined that, in its opinion, the result of the proposed acquisition will
not be to substantially lessen competition in markets for goods and services in the
State and, accordingly, that the acquisition may be put into effect.
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