Prior notification of a concentration (Case M.10955 – KIRK / LFI / ATP / FERROSAN MEDICAL DEVICES) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 440/11
Date: 2022-11-21
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, investment company, medical device, medical research, merger control, pension scheme








C_2022440EN.01002801.xml










21.11.2022   


EN


Official Journal of the European Union


C 440/28






Prior notification of a concentration
(Case M.10955 – KIRK / LFI / ATP / FERROSAN MEDICAL DEVICES)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 440/11)

1.   
On 11 November 2022, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Kirk Kapital Strategic Investments A/S (Denmark), controlled by Kirk Kapital A/S (‘Kirk’, Denmark),










—


Lundbeckfond Invest A/S (Denmark), controlled by Lundbeckfonden (Denmark),










—


Arbejdsmarkedets Tillægspension (‘ATP’, Denmark),










—


Ferrosan Medical Devices Group A/S (‘Ferrosan’, Denmark).




Kirk, Lundbeckfonden and ATP will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Ferrosan Medical Devices Group A/S.
The concentration is accomplished by way of purchase of shares.


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






—


Kirk invests in Scandinavian medium-sized and larger-sized companies with a market-leading position in long-term growth industries (such as the services and light manufacturing industries). Kirk also carries out financial investments, including in fixed incomes, listed equities and alternatives,










—


Lundbeckfonden is a Danish commercial foundation that funds biomedical sciences research, focusing particularly on neuroscience,










—


ATP is a self-governing institution established by law to manage the mandatory Danish collective pension scheme, ATP Livslang Pension (Lifelong Pension),










—


Ferrosan produces biomaterial haemostatic medical devices such as gelatin-based matrices, sponges and powders to control critical bleedings in surgery, as well as a breast biopsy system for performance of biopsies in relation to diagnosing breast cancer. Ferrosan markets its products worldwide.






3.   
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) 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. The following reference should always be specified:
M.10955 – KIRK / LFI / ATP / FERROSAN MEDICAL DEVICES
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
Fax +32 22964301
Postal address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







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

(2)  OJ C 366, 14.12.2013, p. 5.