The President of UOKiK granted a conditional approval to a transaction on the pharmaceutical market. Neuca is permitted to take over ACP Pharma, however it must sell one of its wholesalers located in Bydgoszcz

Pursuant to the law the transaction is subject to the notification of the anti-monopoly authority, if it involves entrepreneurs whose combined turnover generated in the preceding year exceeded EUR 1 billion worldwide or EUR 50 million in Poland. If the concentration does not lead to restricted competition on a given market, the President of UOKiK will authorize it. Otherwise it is prohibited.

It is also possible to make the approval conditional on meeting specific conditions by an entrepreneur. This is the case with Neuca taking over control of ACP Pharma. The entities are engaged in pre-wholesale and sale activities related to pharmaceutical goods. Moreover ACP Pharma is engaged in retail sales via pharmacies, however, they are  outside the scope of the  transaction subject to the notification. The concentration involves   Neuca’s acquisition of 100% of ACP Pharma’s shares. In this way it is also going to take over control of subsidiaries: Cefarm Rzeszów, HealthMore and Lago.

In the course of the proceedings UOKiK examined the market of 30 entities engaged in wholesale of pharmaceuticals to pharmacies and hospitals. The analysis of the collected material showed that the transaction will result in restricted competition on a local market of wholesale of pharmaceuticals to pharmacies within approx. 100 km of ACP Pharma’s wholesale store in Bydgoszcz. Neuca’s wholesaler based in Toruń operates on that market, too. A total share of the two companies on that market exceeds their competitors’ share.

UOKiK’s President issued a conditional approval pursuant to which Neuca must divest any and all rights to ACP Pharma’s wholesale store in Bydgoszcz. The buyer must not belong to the same capital group as Neuca and must be approved by UOKiK’s President. If the buyer presented by Neuca does not guarantee that the existing wholesale business can be maintained, the Office may refuse to accept it.

The decisions issued on concentration-related matters are valid for two years. Since 2004 it has been the twentieth decision imposing duties on the party notifying the office about the transaction and the third decision issued in 2014. The decision is not final. The party notifying the Office has the right to appeal to the Court of Competition and Consumer Protection. Please be advised that the information about all concentration-related anti-monopoly proceedings is published on the UOKiK’s Website.

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Phone: +48 22 827 28 92, 55 60 314
Fax +48 22 826 11 86
E-mail: [SCODE]bWFsZ29yemF0YS5jaWVsb2NoQHVva2lrLmdvdi5wbA==[ECODE]