Prior notification of a concentration (Case M.10825 – DAVITA / MEDTRONIC / MEDTRONIC RENAL CARE SOLUTIONS) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 39/10
Date: 2023-02-01
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, health care, health technology, kidney disease, medical device, medical research, merger control, pharmaceutical industry, provision of services








C_2023039EN.01002301.xml










1.2.2023   


EN


Official Journal of the European Union


C 39/23






Prior notification of a concentration
(Case M.10825 – DAVITA / MEDTRONIC / MEDTRONIC RENAL CARE SOLUTIONS)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 39/10)

1.   
On 16 January 2023, 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:






—


DaVita Inc. (‘DaVita’, U.S.),










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Medtronic, Inc. (‘Medtronic’, U.S.), controlled by Medtronic plc.,










—


Medtronic’s Renal Care Solutions Business (‘RCS business’, U.S.), controlled by Medtronic.




DaVita and Medtronic will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the RCS business.
The concentration is accomplished by way of purchase of shares.


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






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DaVita provides kidney dialysis services through a network of outpatient dialysis centres,










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Medtronic is a global healthcare technology company dedicated to searching out and finding solutions to the most challenging human health problems,










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The RCS business is active in the research, development, manufacture, license, commercialisation and distribution and sale of renal care products and other medical devices used in the treatment of patients with end-stage renal disease (including dialysis machines, related items used in connection with dialysis treatments, catheters and other devices used in connection with the creation or maintenance of vascular access).






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 5 days following the date of this publication. The following reference should always be specified:
M.10825 – DAVITA / MEDTRONIC / MEDTRONIC RENAL CARE SOLUTIONS
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.