Prior notification of a concentration (Case COMP/M.6888 — Otsuka/Mitsui/Claris) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-04-26
Institutions: European Commission
Subjects: economic concentration, merger control, pharmaceutical industry








C_2013120EN.01002501.xml










26.4.2013   


EN


Official Journal of the European Union


C 120/25





Prior notification of a concentration
(Case COMP/M.6888 — Otsuka/Mitsui/Claris)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 120/10






1.


On 18 April 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Otsuka Pharmaceutical Factory Inc. (‘Otsuka’, Japan), which is part of the Otsuka group companies held under Otsuka Holdings Co., Ltd (Japan), Mitsui & Co. Ltd (‘Mitsui’, Japan) and Claris Lifescience Limited (‘Claris’, India) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a 100 % subsidiary of Claris, Claris Otsuka Limited (the ‘JV’, India), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Otsuka: pharmaceuticals, nutraceuticals, (2) consumer products, distribution and packaging,










—


Mitsui: sale, distribution, purchase, marketing and supply of products in areas such as: iron, steel, non-ferrous metals, machinery, electronics, chemicals, energy-related commodities, foods and retail, lifestyle and consumer service, sale of motor vehicles and motorcycles,










—


Claris: manufacturing and distribution of intravenous infusion products, generic drugs, research based products and therapies for acute illnesses and surgical situations,










—


Claris Otsuka Limited (the JV): manufacturing, marketing and trading infusion products infusion solutions, anti-infectives and plasma volume expanders.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (3) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6888 — Otsuka/Mitsui/Claris, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










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

(2)  ‘Nutraceutical’ refers to a line of products combining ‘nutrition’ and ‘pharmaceuticals’.

(3)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).