Thursday, 04 August 2022

Decision 795/2022

Clearance decision on the notified concentration, pursuant to articles 5-10 of L. 3959/2011, concerning the acquisition by “Blantyre Capital Limited” of sole control over “IMITHEA Single Member SA Health clinics and Medical Diagnostic Centers” (Henry Dunant Hospital) within the meaning of article 5 par. 2(b) of L. 3959/2011, currently exercised by the holder of 100% of the share capital of IMITHEA, "BANK OF PIRAEUS SA" (hereinafter referred to as “Piraeus Bank”).

Decision 795/2022

File (PDF) Decision 795/2022
Date of Issuance of Decision August 4th, 2022
Issue Number of Government Bulletin                                   Publication pending
Relevant Market      The market for private health services, namely all private clinics constituting secondary health care and, in particular, general clinics, rehabilitation and recovery centers, obstetric clinics and psychiatric clinics, private diagnostic centers and polyclinics constituting Primary Health Care (PHC), without considering the sector of private physicians and dentists who maintain private practices in the Greek territory.

Subject of the Decision Clearance decision on the notified concentration, pursuant to articles 5-10 of L. 3959/2011, concerning the acquisition by “Blantyre Capital Limited” of sole control over “IMITHEA Single Member SA Health clinics and Medical Diagnostic Centers” (Henry Dunant Hospital) within the meaning of article 5 par. 2(b) of L. 3959/2011, currently exercised by the holder of 100% of the share capital of IMITHEA, "BANK OF PIRAEUS SA" (hereinafter referred to as “Piraeus Bank”), following the Statement of Objections under ref. no 7363/02.08.2022 of the Commissioner-Rapporteur I. Stefatos.
Legal Framework Articles 6-8, L. 3959/2011 

Operative part of the Decision Operative part of the Decision The Hellenic Competition Commission, in plenary, approved the notified concentration as although falling within the scope of article 6(1) of the Greek Law 3959/2011, it does not raise serious concerns as to its compatibility with competition rules in the individual markets concerned.
Company(ies) concerned

1) BLANTYRE CAPITAL LIMITED
2) STRIX HOLDINGS LIMITED PARTNER
3) IMITHEA SM SA (Henry Dunant Hospital)

Summary of Decision

According to the HCC Decision, Blantyre is an investment company specializing in investment management (debt and equity), especially in special and/or complex cases of restructuring, reorganization and/or transition of investment portfolios. In the transaction considered in this case, there is no horizontal or vertical overlapping of activities between Blantyre and IMITHEA. Blantyre does not have any holdings in other undertakings active in the market of private health clinics in Greece, while no investment funds active in this market participate in Blantyre’s equity. Competition conditions will not change as a result of the proposed concentration, either horizontally or vertically, and the concentration is not expected to bring about any changes in the structure of the relevant market concerned. Therefore, it will not affect the level of competition nor restrict competition in this market.

Judicial Means -
Decisions by the Court of Appeal of Athens (Administrative Division) -
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