Icu Medical, Inc., Usa
Case brief
What is this about?
The Competition Commission of India approved the proposed acquisition of Pfizer's HIS Business by ICU Medical Inc. Finding no horizontal or vertical overlap and no appreciable adverse effect on competition in India, the Commission approved the combination under Section 31(1) of the Act.
What did the court decide?
The proposed combination was approved under Section 31(1) of the Competition Act, 2002.
What the court decided
Fair Competition For Greater Good
COMPETITION COMMISSION OF INDIA (Combination Registration No.C-2016/10/450)
20th December, 2016
Notice under Section 6 (2) of the Competition Act, 2002 filed by ICU Medical, Inc.
CORAM: Mr. Devender Kumar Sikri Chairperson Mr. S. L. Bunker Member Mr. U. C. Nahta Member Mr. G. P. Mittal Member
Legal Representative of the Parties: Chandiok & Associates, New Delhi
Order under sub-section 31 (1) of the Competition Act, 2002
- On 24th October 2016, the Competition Commission of India (“ Commission ”) received a notice given by ICU Medical, Inc. (“ ICU ”) under sub-section (2) of section 6 of the Competition Act, 2002 (“ Act ” ).
- The proposed combination envisages ICU’s acquisition of Pfizer Inc.’s ( Pfizer ”) HIS Business (Hospira Infusions Systems) comprising of manufacture and sale of medical devices used in infusion therapy business by wholly acquiring the shares of certain enterprises belonging to the Pfizer group and by acquiring assets from certain enterprises belonging to the Pfizer group (to the extent they relate to the HIS Business). (“ Proposed Combination ”). Further Pfizer shall acquire shares representing 16.6% of the common stock of ICU. It is stated that post the
Issues for consideration
3 issues framed by the court
Whether the proposed combination between ICU Medical Inc and Pfizer Inc is likely to have an appreciable adverse effect on competition in India.
Whether horizontal and vertical overlaps exist between the parties in the Indian market.
Whether to approve the proposed combination under Section 31(1) of the Competition Act, 2002.
Parties & counsel
- other
Competition Commission of India
- applicant
ICU Medical, Inc.
- applicant
Pfizer Inc.
Coram
Case details
As recorded by the court registry
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