22 November 2012
(View Media Release in PDF)
1. The Competition Commission of Singapore (“CCS”) is seeking feedback on an anticipated acquisition by Asia Renal Care (SEA) Pte Ltd (“ARC SEA”) of Orthe Pte Ltd (“Orthe”) (collectively “the Parties”).
2. CCS received a notification for decision on 16 November 2012 from the Parties with regard to the acquisition. The notification relates to the purchase by ARC SEA of 70% of the shares in Orthe. ARC SEA already owns 30% of the shares in Orthe. The notification is made in relation to Section 54 of the Competition Act which prohibits mergers that have resulted, or may be expected to result, in a substantial lessening of competition within any market in Singapore.
3. CCS understands from the notification that the Parties are active in the provision of dialysis services to End Stage Renal Disease (“ESRD”) patients. ARC SEA is also active in the manufacture and supply of dialysis products at a global level. The Parties submitted that the only overlapping goods or services in this acquisition is the provision of dialysis services to ESRD patients.
4. The Parties also submitted that the acquisition, when carried into effect, will not result in a substantial lessening of competition due to intense competition in the market relating to the provision of dialysis services to ESRD patients in Singapore with the presence of one other major competitor with more than 50% market share. Furthermore, they claimed that entry barriers in the market are low and that countervailing buyer power is substantial.
Public Consultation
5. CCS is inviting public feedback in relation to the acquisition.
6. More information on the public consultation can be accessed and downloaded from the CCS website at www.ccs.gov.sg under the section “Public Register and Consultation”. The closing date for submissions is on or before 6 December 2012. If the submission/correspondence contains confidential information, please also provide CCS with a non-confidential version of the submission or correspondence.
For media clarifications, please contact:
Ms Lim Le-Anne
Senior Assistant Director, Communications
Competition Commission of Singapore
Email: lim_le_anne@ccs.gov.sg
DID: 6325 8304 / HP: 94788824
About The Competition Commission of Singapore (CCS)
CCS is a statutory board established under the Competition Act (Chapter 50B) on 1 January 2005 to administer and enforce the Act. It comes under the purview of the Ministry of Trade and Industry. The Act empowers CCS to investigate alleged anti-competitive activities, determine if such activities infringe the Act and impose suitable remedies, directions and financial penalties.
For more information, please visit www.ccs.gov.sg.