EUROPEAN COMMISSION

DG Competition

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 05/12/2022

In electronic form on the EUR-Lex website under document number 32022M10955

EUROPEAN COMMISSION

Brussels, 5.12.2022 C(2022) 9151 final

PUBLIC VERSION

Kirk Kapital Strategic Investments A/S Havneøen 1 DK-7100 Vejle Denmark

Lundbeckfond Invest A/S Scherfigsvej 7 DK-2100 Copenhagen Denmark

Arbejdsmarkedets Tillægspension Kongens Vænge 8 DK-3400 Hillerød Denmark

Dear Sir or Madam,

1.On 11 November 2022, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Kirk Kapital Strategic Investments A/S (Denmark), ultimately controlled by controlled by Kirk Kapital A/S (“Kirk”, Denmark), Lundbeckfond Invest A/S (Denmark), ultimately controlled by Lundbeckfonden (Denmark) and Arbejdsmarkedets Tillægspension (“ATP”, Denmark), will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of Ferrosan Medical Devices Group 3A/S (“Ferrosan”, Denmark) by way of purchase of shares.

1OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’). With effect from 1 December 2009, the Treaty on the Functioning of the European Union (‘TFEU’) has introduced certain changes, such as the replacement of ‘Community’ by ‘Union’ and ‘common market’ by ‘internal market’. The terminology of the TFEU will be used throughout this decision.

2OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).

3Publication in the Official Journal of the European Union No C 440, 21.11.2022, p. 28.

Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË

Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.

2.The business activities of the undertakings concerned are the following:

- Kirk invests in Scandinavian medium-sized and larger-sized companies in long-term growth industries (such as the services and light manufacturing industries). Kirk also carries out financial investments, including in fixed incomes, listed equities and alternatives,

- Lundbeckfonden is a Danish commercial foundation that funds biomedical sciences research, focusing particularly on neuroscience,

- ATP is a self-governing institution established by law to manage the mandatory Danish collective pension scheme, ATP Livslang Pension (Lifelong Pension),

- Ferrosan produces biomaterial haemostatic medical devices such as gelatin-based matrices, sponges and powders to control critical bleedings in surgery, as well as a breast biopsy system for performance of biopsies in relation to diagnosing breast cancer. Ferrosan markets its products worldwide.

3.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

4.For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.

For the Commission

(Signed) Olivier GUERSENT Director-General

4OJ C 366, 14.12.2013, p. 5.

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