The German Competition Authority clears merger in the healthcare industry despite presumed market dominance and a presumed oligopoly, and applies a rather detailed economic analysis, in relation to the SIEC and the old dominance test (Fresenius Kabi / Fenwal)

The Bundeskartellamt cleared the merger between Fresenius Kabi and Fenwal following its Phase II investigation. The merger concerned the healthcare sector and, in particular, the market for blood transfusion technology and the manufacture of products used in blood collection, filtration and processing. The case illustrates that, a presumption of market dominance, a merger can be cleared when the market conditions and structure show that there is no single-firm or collective dominance, or significant impediment to effective competition. The case also shows the “more economic approach” that the Bundeskartellamt has embraced in line with other competition authorities. The case was decided under the old Act against Restraints of Competition (ARC) dominance

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Philipp Werner, The German Competition Authority clears merger in the healthcare industry despite presumed market dominance and a presumed oligopoly, and applies a rather detailed economic analysis, in relation to the SIEC and the old dominance test (Fresenius Kabi / Fenwal), 11 December 2012, e-Competitions Bulletin Collective dominance, Art. N° 57351

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