Decision Nº M/08/004 from Competition and Consumer Protection Commission, 2008-03-13

• Jurisdiction: Ireland
• Parties: Alpharma,3i
• Date: 13 March 2008
• Decision Number: M/08/004
• Status: Cleared (Phase 1)
• Court: Competition and Consumer Protection Commission (Ireland)
• Decision Date: 13 March 2008

Merger Notification No. M/08/004 – 3i/Alpharma

DETERMINATION OF MERGER NOTIFICATION M/08/004 –

3i/ALPHARMA

Section 21 of the Competition Act 2002

Proposed acquisition by 3i Group plc. of the active pharmaceutical

ingredients business of Alpharma In c.

Dated 13/03/2008

Introduction

1. On 22 February 2008, the Competition Authority (the “Authority”), in

accordance with Section 1 8(1)(a) of the Competition Act, 2002 (“the

Act”) was notified, on a mandatory basis, of a proposed acquisition by

Alfanor 7152 AS a nd Otdelholdco Inc. of: (i) certain as sets p rimarily

related to Alpharma Active Pharmaceutical Ingredients (“API”), the

active pharmaceutical ingredients business of Alpharma Inc.

(“Alpharma”) and its wholly owned subsidiaries Alpharma

(Luxembourg) S.àr.l., Alpharma Bermuda G.P. and Alpharma

International (Luxembourg) S.àr.l.; and, (ii) 100% of the issued a nd

outstanding shares in Alpharma AS and certa in other subsidiaries.

2. Alfanor 7152 AS and Otdelholdco Inc. ar e ultimately controlled by 3i

Group plc (“3i” ). As a result of the proposed acquisition, 3i will acquire

indirect sole co ntrol of API. The remainder of Alpharma will be

unaffected by the proposed acquisition.

The Undertakings Involved

The Acquirer

3. 3i is an international venture capital company that provides

management adv ice to and manages investments on behalf of

investment funds. 3i holds investments in various sectors of industry

and services (for example media, retail, food and drink, healthcare, IT

services, leisure, oil, gas and power, softwar e, Internet and telecoms).

4. None of the portfolio companies held by 3i or any fund managed or

controlled by 3i holds any interest in any c ompany active in the

development, manufacture or supply of active pharmaceutical

ingredients either worldwide or in the island of I reland. In addition,

none of 3i’s portfolio companies within the hea lthcare sector are

customers of API.

5. For the year ended 31 March 2007, 3i and its affiliated companies

achieved a worldwide turnover of approximat ely €[…], a turnover in

the EU of approximately €[…] and in Ireland of approximately €[…].