Introduction 1 On 21 October 2015 the Competition and Consumer Protection Commission (CCPC), Ireland’s competition agency, cleared the acquisition by Baxter Healthcare Limited (Baxter) of Fannin Compounding Limited (Fannin), a business division of Fannin Limited which was, in turn, a subsidiary of DCC Vital Limited.  The transaction was notified to the CCPC on 9 June 2015, Phase II initiated on 3 September 2015. There was no appeal on the CCPC’s decision.  2 The CCPC has cleared an otherwise anticompetitive merger using the failing firm defence.  In earlier CCPC merger determinations the CCPC had either decided that the four cumulative failing firm conditions were not all satisfied  or cleared the merger on the grounds it did not lead to a substantially lessening of
The Irish Competition Authority clears the first otherwise anticompetitive merger using the failing firm defense (Baxter / Fannin)
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