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Poland: conditional clearance for Polpharma/Polfa takeover

Poland
29/03/2012
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Zakłady Farmaceutyczne Polpharma has received conditional clearance to take over Polfa Warszawa from the President of Poland’s Competition Authority, UOKiK.

Polpharma is a subsidiary of Genefar. Polfa Warszawa is a state-owned company belonging to Polski Holding Farmaceutyczny. Both produce and sell pharmaceuticals.

UOKiK concluded that the takeover would affect competition in three markets:

• It would give Polpharma a dominant share (significantly above the 40% threshold) of the markets for non-prescription anti-thrombotic drugs (for people with heart problems) and for prescription fluorochinolones (general use antibiotics)

• It would give Polpharma a monopoly over the market for prescription sulfonamids (for treating bacterial eye infections)

For this reason, conditions were attached to merger clearance requiring Polpharma to divest of all rights to the following drugs:

• Polocard or Acard (antithrombotic drugs)
• Cipronex or Proxacin (fluorochinolones)
• Sulfacetamidum natrium or Sulfacetamidum WZF 10% HEC.

UOKiK must be satisfied that the disposal is to someone outside the Polpharma group, and that Polpharma provides the new owner with all technical and commercial documentation about the production and sale of the drugs.

UOKiK rarely issues conditional clearance decisions. Since 2004, it has issued 14 conditional decisions and the Polpharma/Polfa clearance is the first of 2012.

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