Jurisdiction(s):
United Kingdom

Key definition

Know-how definition

What does Know-how mean? Know-how describes practical technical or commercial information—typically confidential—that enables a business to perform processes, make products or deliver services more effectively. It covers methods, formulas, designs, operating procedures and problem-solving techniques, whether recorded or retained in an individual’s memory. It is a descriptive term rather than a defined statutory concept and is not a property right in itself. In the UK and Ireland it is commonly protected as confidential information under the law/equitable duty of confidence (e.g. Coco v A N Clark; Saltman Engineering). Where the information satisfies the statutory definition of a trade secret, additional remedies apply under the Trade...

European Commission Merger Decision: Zimmer/Biomet (M.7265) Phase II Clearance with EEA Orthopaedic Implant Divestments and IP Licence Commitments (2015)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED

This archived case hub reflects the position at the date of the decision of 30 March 2015; it is no longer maintained. See further, timeline and relevant/related cases.

Case facts

Outline

European Commission merger investigation into Zimmer’s proposed acquisition of Biomet (Case M.7265). Referred to phase II on 03/10/2014. The deal combines two leading designers and manufacturers of orthopaedic implants and related surgical products.

Latest developments

The Commission approved the transaction subject to commitments on 30 March 2015. The parties have committed to:

Divest the Zimmer Unicondylar Knee implant and Biomet’s Discovery Elbow throughout the EEA
Divest the Biomet Vanguard total knee system for primary and revision implants in Denmark and Sweden
Grant the purchaser of the knee system an EEA-wide, non-exclusive licence to the rights and know-how currently used and needed to manufacture, market and sell an exact copy of the Vanguard Knee

The divestments cover instrumentation, any improvements, pipeline projects and all intellectual property and licensing rights. These conditions ensure buyers of the divested businesses will take on positions that Zimmer and Biomet currently hold in the market for unicondylar...

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Web page updated on 21/05/2026

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