Commission Clears Acquisition of Joint Control Over Actamax by DSM and DuPont

After examining the operation, the Commission concluded that the transaction would not alter the competitive landscape as the joint venture will be active in a market different from those of its parents.

2/22/2011 --- The European Commission has granted clearance under the EU Merger Regulation to the acquisition of joint control over a newly created joint venture headquartered in the US, Actamax Surgical Materials LLC, by the Dutch company DSM PTG, Inc., a subsidiary of Royal DSM N.V., and the US company E.I. du Pont de Nemours and Company (DuPont). After examining the operation, the Commission concluded that the transaction would not alter the competitive landscape as the joint venture will be active in a market different from those of its parents.

DSM is engaged in the research, development, production, distribution and sale of nutritional and pharmaceutical products, performance materials, polymer intermediates, and base chemicals and materials.

DuPont is active in the development, research, production and sale of chemical products, plastics, agro-chemicals, paints, seed, and other material.

Actamax, the proposed joint venture between the two, will develop and commercialise advanced biocompatible surgical materials.

The Commission’s examination of the proposed transaction showed that neither DSM nor DuPont have activities in the same market as Actamax or in a market which is up- or downstream from that of the joint venture or in neighbouring markets closely related to this market. Furthermore Actamax' activities will only represent a small part of DSM's and DuPont's portfolios, so that coordination between the parents of the JV that would restrict competition within the meaning of Article 101(1) of the TFEU is highly unlikely.

The Commission has, therefore, concluded that the transaction would not significantly impede effective competition in the European Economic Area (EEA) or any substantial part of it.

The transaction was notified to the Commission on 17 January 2011.