Takeover of Rupp + Hubrach by Essilor cleared

The Bundeskartellamt in Bonn has cleared the planned acquisition by Invoptic S.A., Provins, France (part of the Essilor Group) of all the shares in Rupp + Hubrach GmbH & Co. KG, Rupp + Hubrach Beteiligungsgesellschaft mbH, Rupp + Hubrach Optik GmbH, Rupp + Hubrach Entwicklung und Verfahrenstechnik GmbH and Rupp + Hubrach Verwaltungsgesellschaft, all based in Bamberg.

The merger will result in an accumulation of the market shares of the merging parties on the affected domestic product markets for plastic and mineral glass ophthalmic lenses. According to market share the merging parties will in future occupy either a leading or second position on the relevant markets.

At the same time, however, the merger does not amount to the creation or strengthening of a dominant position neither in terms of single-firm nor oligopolistic market dominance. Inasmuch as Essilor / Rupp + Hubrach will assume a leading position on the market concerned in market share terms the new group will continue to be exposed to substantial competition from other major manufacturers of ophthalmic lenses (Rodenstock, Zeiss, Hoya) and even smaller suppliers. The merger will not amount to a paramount market position. This also applies to the group of leading ophthalmic lense manufacturers as a whole. Although the number of major manufacturers will be narrowed down, thus tightening the oligopolistic structure, the substantial competition in terms of prices, conditions and innovation between the leading manufacturers prior to the merger will remain effective, making the creation of an uncompetitive oligopoly unlikely. Moreover the leading suppliers will also continue to be exposed to competition from smaller suppliers and the buying power of large optician shops and purchasing cooperatives, which can effectively respond to the anti-competitive behaviour of suppliers.

The planned acquisition was thus cleared.