• Tomasz Chróstny, the President of UOKiK, has given the consent for DOZ to take control over Euro-Apteka, Super Zdrowie and MLV18.
• The transaction may be completed subject to the sale of the pharmacy in Goleniów (Zachodniopomorskie Voivodship).
• Thanks to that, the concentration will not have any adverse effects on competition and on the consumers in the local market.

The parties to the concentration operate in the pharmaceutical market. DOZ manages "DOZ Apteki dbam o zdrowie" pharmacies. The acquired companies belong to the EA capital group, which owns "Euro-Apteka" and "Polonez" pharmacies.

The investigation has shown that the concentration may lead to a restriction of competition in the local market in Goleniów (Zachodniopomorskie Voivodship.) At the same time, conditional consent, subject to the sale of one of the pharmacies, was given.

Tomasz Chróstny, the President of UOKiK, says: "Our analysis has shown that the sale of the pharmacy in Goleniów will prevent adverse effects of the concentration in the local market.

Medix will have to sell the "Euro-Apteka" pharmacy in ul. Szczecińska 4a in Goleniów, in accordance with the conditions imposed. The buyer cannot belong to the same capital group as DOZ and must be approved by the President of UOKiK. A clause that guarantees the continuation of pharmacy operations by the investor must be included in the contract of sale. This contents of the said provision will also require the approval of the President of the UOKiK. DOZ will need to submit the condition fulfilment report to the UOKiK.

In accordance with the existing case law, the UOKiK has assumed that the pharmacies within 1km compete with one another. This is because the consumers are most likely to choose pharmacies near their home, work or clinic, within a walking distance. Only the residents of the towns where there are no pharmacies usually commute.

According to law, a transaction shall be notified to the antitrust office if it involves entrepreneurs whose aggregate turnover in the preceding year exceeded EUR 1 billion worldwide or EUR 50 million in Poland.

At the same time, we would like to remind you that the President of the UOKiK may only base on the provisions of the Act on Competition and Consumer Protection when issuing the consent for the concentration. No other legislation, such as pharmaceutical law, may be applied. Therefore, the only premise upon which the President of the UOKiK shall issue the decisions concerning concentration is the effect of the concentration on competition. When assessing concentrations, the President of UOKIK may prohibit or approve them, or impose certain conditions that must be met for the applicant to receive the consent. All decisions issued by UOKIK remain valid for two years.

The decision issued is not final. The applicant has the right to appeal to the Court of Consumer and Competition Protection. At the same time, we would like to inform you that the UOKIK website provides information on all antitrust proceedings pertaining to concentrations that are conducted by UOKIK.

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