Bird & Bird achieves merger control success for Omnicell, Inc.

28 August 2014

Bird & Bird today announces that its Competition & EU Law team has successfully assisted US based Omnicell, Inc. to obtain UK merger control clearance for its acquisition of Surgichem, a BUPA subsidiary.

Omnicell is a leading supplier of comprehensive automation and business analytics software solutions for patient-centric medication and supply management across the entire healthcare continuum, from the acute care hospital setting to post-acute skilled nursing and long-term care facilities to the home. Its medication adherence packaging solutions are used by approximately 6,000 institutional and retail pharmacies worldwide.

The merger mainly concerns the supply of adherence packaging to pharmacies, of which Surgichem and Omnicell, through its UK subsidiary, MTS Medication Technologies Limited, are leading suppliers. Adherence packaging is used by pharmacies in the provision of individually packaged medications for use by individuals in the community and by care homes.

After exchange of contracts in December 2013, the acquisition was notified to the OFT, and was referred for a full second stage investigation by the Competition & Markets Authority (CMA). The final clearance decision was adopted on 8 August, approximately eight months after contact was first made with the OFT. 

The merger control aspects were handled by partner Richard Eccles and the corporate transaction was led by partner Matt Dennis.

Richard Eccles, Competition & EU Law partner, commented: "We are very pleased with the outcome of the CMA investigation.  This was one of the first second-stage merger reviews conducted by the CMA after its establishment in April and the merger clearance is a great result.'"  

Nhat Ngo, Executive Vice President Strategy and Business Development, Omnicell said: “Bird & Bird's expertise and ability to help us with both the competition and corporate sides to this deal made them a natural fit to assist us. We have been extremely pleased with the quality and depth of advice the team provided to us on this case."

The Bird & Bird team was also comprised of associates Joe Ward and Alex Payne on the merger control aspects and Mark Rundall and Andrew Collins on the corporate aspects.