CELEX: 32020M9855
Language: en
Date: 2020-07-27 00:00:00
Title: Commission Decision of 27/07/2020 declaring a concentration to be compatible with the common market (Case No COMP/M.9855 - ONEX / INDEPENDENT CLINICAL SERVICES) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 27.7.2020
                                                                C(2020) 5220 final
                                                                                 PUBLIC VERSION
                                                                To the notifying party
Subject:        Case M.9855 – ONEX / INDEPENDENT CLINICAL SERVICES
                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 24 June 2020, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Onex
        Corporation, through affiliated funds, (‘Onex’, Canada), acquires within the meaning
        of Article 3(1)(b) of the Merger Regulation control of the whole of Independent
        Clinical Services (United Kingdom), currently controlled by TowerBrook Capital
        Partners L.P. The concentration is accomplished by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for Onex: invests in various businesses worldwide including electronics
              manufacturing services, healthcare imaging, insurance services, packaging
              products and food retail and restaurants;
             for Independent Clinical Services: provides workforce management solutions,
              health and social care services and staffing services to the healthcare, social care
              and life sciences sectors. It is present primarily in the United Kingdom and to a
              limited extent in the rest of Europe, the US and Asia-Pacific.
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
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 (the ‘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 219, 3.7.2020, p. 18.
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---    paragraph 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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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