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. [1] 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] 2 The CCPC has cleared an otherwise anticompetitive merger using the failing firm defence. [3] In earlier CCPC merger determinations the CCPC had either decided that the four cumulative failing firm conditions were not all satisfied [4] or cleared the merger on the grounds it did not lead to a substantially lessening of
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The Irish Competition Authority clears the first otherwise anticompetitive merger using the failing firm defense (Baxter / Fannin)
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