CELEX: 32019M9525
Language: en
Date: 2019-09-26 00:00:00
Title: Commission Decision of 26/09/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9525 - Equistone Partners Europe Limited / Omnicare Holding GmbH & Co. KG / Omnicare Beteiligungen GmbH ND) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 26.09.2019
                                                                C(2019) 7045 final
                                                                                PUBLIC VERSION
                                                                To the notifying parties
Subject:         Case M.9525 - EPE / OCH / OMNICARE
                 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 04 September 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Equistone
        Partners Europe Limited (“Equistone”, United Kingdom) and Mr. Oliver TAMIMI,
        through Omnicare Holding GmbH & Co. KG (“OCH”, Germany), acquire within the
        meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control over
        Omnicare Beteiligungen GmbH (“Omnicare”, Germany) by way of purchase of
        shares.3 Omnicare is currently exclusively controlled, through OCH, by Mr. Olivier
        TAMIMI.
2.      The business activities of the undertakings concerned are:
        −     Equistone is a private equity investment firm active in the United Kingdom,
              France, Germany and Switzerland. Funds controlled by Equistone are investing in
              companies from various business sectors such as consumer and travel, financial
              services, specialist engineering and support services;
        −     Mr. Oliver TAMIMI controls several economic undertakings, including notably
              (i) my Pharmacy Gmbh, which provides various services to pharmacies in
              Germany (e.g. accounting services and quality management), (ii) Sovelio, which
              is specialised in home care, and (iii) MP Immobilien, which owns and leases real
              estate in Munich;
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 307, 11.09.2019, p. 11.
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---    −    Omnicare is mainly active in: (i) specialty pharma distribution (oncological
        pharmaceutical products), (ii) services for compounding pharmacies, (iii) holding
        of participations in certain outpatient oncological medical centres and (iv) clinics
        for treatment of mental and psychosomatic disorders and diseases.
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(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)
                                                    Cecilio MADERO VILLAREJO
                                                    Acting Director-General
4  OJ C 366, 14.12.2013, p. 5.
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