Proposed merger between Fresenius Medical Care Beteiligungsgesellschaft mbH (‘FMC BmbH’) and Asia Renal Care, Limited (‘ARC Limited’)

Notifying Parties:

Fresenius Medical Care Beteiligungsgesellschaft mbH (‘FMC BmbH’), and Fresenius Medical Care AG & Co. KGaA (‘FMC KGaA’)

Notifying Date:

17 May 2010

Summary of transaction

PART 5
INFORMATION FOR THE CCS PUBLIC REGISTER
(TO BE COMPLETED BY THE APPLICANT(S))

1. The Applicants

Fresenius Medical Care Beteiligungsgesellschaft mbH (‘FMC BmbH’),
Fresenius Medical Care AG & Co. KGaA (‘FMC KGaA’)

2. Description of the merger

The merger relates to the acquisition by FMC BmbH of 100% of the shares of Asia Renal Care, Limited, a company incorporated in the Cayman Islands, (‘ARC Limited’).

The Applicants are of the view that the anticipated merger, when carried into effect, will not lead to a substantial lessening of competition within any market in Singapore. The anticipated merger will only have a marginal impact on the competitive structure of the relevant market as the merged entity will have substantially the same market share as that currently possessed by ARC Limited in Singapore. In addition, the market is characterized by the presence of a competitor with a very high market share. There is also no risk of vertical foreclosure as the Applicants do not have market power in any of the relevant markets and due to the presence of strong competitors in the upstream markets.

3. Relevant good(s) or service(s) involved

The relevant goods or services are (i) dialysis services to end-stage renal disease patients in Singapore, (ii) hemodialysis products and peritoneal dialysis products.

Decision:

The proposed merger, if carried into effect, will not infringe the section 54 prohibition.

Decision Date:

14 July 2010
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