28 December, 2014
On September 16, 2014, CCI approved the proposed acquisition of the global Siemens microbiology testing business from Siemens Healthcare Diagnostics Inc. (‘SHD’) and various other subsidiaries of Siemens AG by Beckman Coulter, Inc. (‘Beckman Coulter’) and Beckman Coulter
India Private Limited (‘Beckman Coulter India’) (together referred to as the ‘Acquirers’) pursuant
to a Master Asset Purchase Agreement (‘MAPA’) executed between them.
CCI observed that Beckman Coulter, which is an indirect subsidiary of Danaher Corporation
(‘Danaher’), is engaged in the business of biomedical testing, through its subsidiaries
Beckman Coulter India and Diagnostic Systems Laboratories (India) Private Limited. CCI also
observed that SHD is a part of Siemens AG and is engaged in the healthcare diagnostics business.
Siemens Limited (‘Siemens India’) is the flagship-listed company of the group in India, and it
provides end-to-end solutions including diagnostics, imaging and therapy.
CCI observed that there was no overlap between the activities of the Acquirers in India and
the microbiology testing business of Siemens India since Beckman Coulter India will acquire
only those assets that belong to microbiology testing business. In particular, Beckman Coulter
India would acquire only customer contracts from Siemens India. Further, no subsidiary of
Danaher Corporation, including the Acquirers, have any activities in the bacteriology and mycology
testing market or even in the broader segment of microbiology in vitro diagnostics, in
India. Additionally, CCI found that the Acquirers do not supply any product to Siemens India in
relation to microbiology testing business and thus there were no existing vertical relationships
between the parties to the combination.
Accordingly, CCI concluded that, given the lack of overlaps, the proposed transaction was
unlikely to cause an AAEC India and approved the transaction.
For further information, please contact:
Zia Mody, AZB & Partners
[email protected]
Abhijit Joshi, AZB & Partners
[email protected]
Shuva Mandal, AZB & Partners
[email protected]
Samir Gandhi, AZB & Partners
[email protected]
Percy Billimoria, AZB & Partners
[email protected]
Aditya Bhat, AZB & Partners
[email protected]