CELEX: 32018M8991
Language: en
Date: 2018-10-01 00:00:00
Title: Commission Decision of 01/10/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8991 - ALPHABET Inc / ResMed Inc) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 1.10.2018
                                                                C(2018) 6520 final
                                                                     PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.8991 – Alphabet/ResMed/JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                          2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 4 September 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the undertakings
        Verily Life Sciences LLC ("Verily", United States of America), belonging to Alphabet Inc.
        ("Alphabet", United States of America), and ResMed Inc. ("ResMed", United States of
        America) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation
        joint control of a newly created joint venture (the "JV"), by way of purchase of shares. The
        JV will study the health and financial impacts of undiagnosed and untreated sleep apnea
        and other breathing related sleep disorders, and develop software solutions that enable
        health care providers to more efficiently identify, diagnose, treat and manage individuals
        with sleep apnea and other breathing related sleep disorders.3
2.      The business activities of the undertakings concerned are:
        −     for Verily (formerly Google Life Sciences): research organisation. Google is the
              largest business controlled by Alphabet,
        −     for ResMed: development, manufacturing, distribution and marketing of medical
              devices and cloud-based software applications that diagnose, treat and manage
              respiratory disorders and other chronic diseases.
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 321, 11.09.2018, p. 8.
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 paragraphs
   5(a) and 5(b) 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)
                                                   Johannes LAITENBERGER
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
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