The ACCC announced on 4 September 2013 that it would not oppose Baxter International Inc’s (Baxter) acquisition of Gambro AB (Gambro) after accepting an undertaking from Baxter to sell part of its Renal Replacement Therapy business.  Interestingly, this is an example of a proactive “up-front” undertaking by the parties to the ACCC to avoid a protracted review and potential objection on the part of the ACCC.

Baxter and Gambro are both global suppliers of Renal Replacement Therapy (dialysis) products.  Several international competition agencies have reviewed this global transaction, including the European Commission and the New Zealand Commerce Commission.  Baxter will divest its global Continuous Renal Replacement Therapy business to address the European Commission’s competition concerns, and has entered into an undertaking in Australia to this end.

The ACCC will publish a public competition assessment in due course.