# C_2011264EN.01002301.xml

| 8.9.2011 | EN | Official Journal of the European Union | C 264/23 |
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8.9.2011

EN

Official Journal of the European Union

C 264/23

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Prior notification of a concentration

(Case COMP/M.6091 — Galenica/Fresenius Medical Care/Vifor Fresenius Medical Care Renal Pharma JV)

(Text with EEA relevance)

2011/C 264/12

| 1. | On 31 August 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertakings Galenica Ltd (‘Galenica’, Switzerland) and Fresenius Medical Care AG & Co. KGaA (‘Fresenius’, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Vifor Fresenius Medical Care Renal Pharma Ltd (‘JV’, Switzerland) by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 31 August 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertakings Galenica Ltd (‘Galenica’, Switzerland) and Fresenius Medical Care AG & Co. KGaA (‘Fresenius’, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Vifor Fresenius Medical Care Renal Pharma Ltd (‘JV’, Switzerland) by way of purchase of shares in a newly created company constituting a joint venture.

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| 2. | The business activities of the undertakings concerned are:






  — | for Galenica: development, manufacturing and marketing of pharmaceutical products worldwide, operation of pharmacies, logistical and database services, |
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2.

The business activities of the undertakings concerned are:

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for Galenica: development, manufacturing and marketing of pharmaceutical products worldwide, operation of pharmacies, logistical and database services,

| — | for Fresenius: provision of dialysis products, such as haemodialysis machines, dialyzers and related disposable products, as well as the provision of dialysis services, |
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for Fresenius: provision of dialysis products, such as haemodialysis machines, dialyzers and related disposable products, as well as the provision of dialysis services,

| — | for the JV: research, development, marketing and distribution of pharmaceutical products against hyperphosphatemia and iron deficiency anaemia for patients suffering primarily from CKD Stages 3, 4 and 5. |
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for the JV: research, development, marketing and distribution of pharmaceutical products against hyperphosphatemia and iron deficiency anaemia for patients suffering primarily from CKD Stages 3, 4 and 5.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6091 — Galenica/Fresenius Medical Care/Vifor Fresenius Medical Care Renal Pharma JV, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6091 — Galenica/Fresenius Medical Care/Vifor Fresenius Medical Care Renal Pharma JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

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