• UOKiK consented to DOZ taking over Medix.
• The transaction may take effect provided that a pharmacy in Tczew is sold.
• Therefore this concentration will not pose a threat to competition.

The concentration participants operate on the pharmaceutical market. DOZ manages pharmacies operating under the name “DOZ Apteki dbam o zdrowie”. Medix is a franchisee of a dozen retail outlets of this chain.

In this case, it was necessary to refer the proceedings to the second stage. UOKiK carried out a market research which showed that the transaction may lead to restriction of competition on three local markets in Tczew. That is why the Office voiced reservations about concentration.

Our analysis showed that the transaction may result in restriction of competition in Tczew. The Office could, however, pass a conditional decision. The sale of one of the pharmacies will prevent the negative effects of this concentration, says Michał Holeksa, Vice President of UOKiK.

Medix will have to sell the facility at ul. Sobieskiego 38a in Tczew. The buyer cannot be a member of the same capital group as DOZ and must be approved by the Office of Competition and Consumer Protection. The purchase agreement must contain a clause pursuant to which an investor will be obliged to continue pharmacy activity therein. The clause will also require the UOKiK approval. DOZ will have to file a report on its actions with the Office.

How the UOKiK defined the market

In accordance with previous judicial decisions, UOKiK assumed that pharmacies compete with each other within one-kilometre radius. This is due to the fact that consumers most often choose pharmacies within walking distance from their place of residence, work or a clinic. Usually, only residents of towns where there are no pharmacies commute.

Pursuant to legal regulations, a transaction must be reported to UOKiK if it involves enterprises with total turnover for the previous year that exceeded EUR 1 billion in the world or EUR 50 million in Poland. When analysing a concentration, the president of the Office may prohibit the transaction, give consent to it or make its consent conditional on an enterprise fulfilling additional conditions. Decisions are valid for two years. Since 2004, this is the 30th decision to impose obligations on an applicant filing for a transaction and the fifth passed in 2019 (the decision was passed on 23 December 2019).

This decision is not final. The applicant may appeal to the Court of Competition and Consumer Protection. At the same time we inform that the UOKiK website provides information on all antitrust proceedings regarding concentration transactions conducted by the Office.

Additional information for the media:

UOKiK Press Office
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone +48 695 902 088, +48 22 55 60 246
E-mail: biuroprasowe@uokik.gov.pl
Twitter: @UOKiKgovPL