CELEX: 32020M9812
Language: en
Date: 2020-08-03 00:00:00
Title: Commission Decision of 03/08/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9812 - VERILY LIFE SCIENCES / SANTEN PHARMACEUTICAL / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 3.8.2020
                                                                C(2020) 5467 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9812 - VERILY LIFE SCIENCES / SANTEN
                PHARMACEUTICAL / JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 9 July 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of
        the Merger Regulation by which the undertakings Verily Life Sciences LLC
        (“Verily”, USA), controlled by Alphabet Inc. (USA), and Santen Pharmaceutical
        Company, Ltd. (“Santen”, Japan) acquire within the meaning of Article 3(1)(b) and
        3(4) of the Merger Regulation joint control of a newly created joint venture (“JV”).
        The concentration is accomplished by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             Verily focuses on life sciences and healthcare. It creates innovative tools and
              technologies to prevent and manage disease, partnering with life sciences,
              medical device and government organizations;
             Santen is a pharmaceutical company focused on ophthalmology. It carries out
              research and development, marketing and sales of pharmaceutical products;
             The JV will research, develop and commercialise a portfolio of ophthalmology
              devices designed to treat or diagnose eye disorders or otherwise provide tools to
              assist patients, caregivers, or providers to manage overall eye health.
1       OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’). With effect from 1 December 2009, the Treaty on
        the Functioning of the European Union (‘TFEU’) has introduced certain changes, such as the
        replacement of ‘Community’ by ‘Union’ and ‘common market’ by ‘internal market’. The terminology
        of the TFEU will be used throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).
3       Publication in the Official Journal of the European Union No C 235, 17.07.2020, p. 4.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak--- 3. After examination of the notification, the European Commission has concluded that
   the notified operation falls within the scope of the Merger Regulation and of
   paragraph 5(a) of the Commission Notice on a simplified procedure for treatment of
   certain concentrations under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European
   Commission has decided not to oppose the notified operation and to declare it
   compatible with the internal market and with the EEA Agreement. This decision is
   adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of
   the EEA Agreement.
                                                  For the Commission
                                                  (Signed)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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