Decision Nº M/04/053 from Competition and Consumer Protection Commission, 2004-10-15

CourtCompetition and Consumer Protection Commission (Ire)
PartiesApplied Materials Inc.,Metron Technology N.V.
Decision Date15 October 2004
Date15 October 2004
StatusPreliminary investigation (Phase 1)
Decision NumberM/04/053
Determination No. M/04/053 of the Competition Authority, dated 15th October
Notification No. M/04/053 – Proposed acquisition by Applied Materials of certain
subsidiaries and assets of Metron Technology N.V.
1. On 16th September 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 Applied Materials Inc. (“Applied Materials”) would
acquire all or substantially all of the assets of Metron Technology N.V.
(“Metron”) through the purchase of all of the issued share capital of Metron’s
operating subsidiaries and certain other assets of Metron.
The Parties
2. Applied Materials develops, manufactures, markets and services semiconductor
production equipment and related spare parts for the worldwide semiconductor
industry. Applied Material has an Irish subsidiary, Applied Materials Ireland
Limited. In the most recent financial year, Applied Materials generated sales of
c. €[more than 100] million in the island of Ireland.
3. Metron is a global outsourcing solutions provider primarily for the semiconductor
industry. Metron refurbishes and manufactures legacy equipment tools, i.e. older
products which are no longer marketed by their original manufacturers. It also
acts as a distributor of equipment, spare parts and materials for the production of
semiconductors. In addition it provides service solutions for semiconductor
equipment. Through its Irish subsidiary, Metron Technology (Ireland) Limited,
Metron had total Irish revenues of c. €[under 5]m in the most recent financial
year, generated from the provision of services to semiconductor manufacturers.
4. The first relevant industry is the supply of legacy products. Unlike Applied
Materials, Metron is not active in the development and production of new
generation semiconductor processing equipment. Neither does it sell any older
systems originally developed and manufactured by Applied Materials. Applied
Materials does not manufacture and sell older systems that were not developed by
it. Thus as the parties’ activities do not overlap and the proposed transaction does
not give rise to competition concerns with regard to Metron’s legacy products. In
any event Metron’s sales in Ireland are not generated from these products.
5. The second relevant industry is the provision of services to semiconductor
manufacturers. There is some overlap in the activities of the parties with regard
to the provision of maintenance services and supply of gas and fluid handling
products. With respect to maintenance services, both parties almost exclusively

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