AAH Pharmaceuticals Ltd and East Anglian Pharmaceuticals
Ltd cancellation of merger reference
The CC has cancelled the reference concerning the proposed
acquisition by AAH Pharmaceuticals Limited (AAH) of East Anglian
Pharmaceuticals Limited (EAP).
The reference was made to the CC on 3 December 2003 by the
Office of Fair Trading under section 33 of the Enterprise
Act 2002. The terms of reference required the CC to examine:
- whether arrangements were in progress
or in contemplation which, if carried into effect, would
result in the creation of a relevant merger situation in
that enterprises carried on by or under the control of EAP
will cease to be distinct from enterprises carried on by
or under the control of AAH; and
- if so, whether the creation
of that situation may be expected to result in a substantial
lessening of competition within any market or markets in
the United Kingdom for goods or services, namely the supply
of pharmaceutical products to retail pharmacies, dispensing
doctors, and hospitals in the East Anglia region, extending
to parts of the East Midlands and the South-East of England.
The CC has received assurances from AAH and from EAP that
the proposed arrangements concerning EAP have been abandoned
and that, in particular, the agreements under which the acquisitions
were to be made have been terminated. The Chairman of the
CC, Sir Derek Morris, is satisfied that AAH has, within the
terms of section 37(1) of the Enterprise Act 2002, abandoned
the proposal to make arrangements of the kind mentioned in
the reference. He has consequently cancelled the reference
in accordance with his powers under Schedule 7 to the Competition
Act 1998.
This cancellation is published in accordance with requirements
laid down by sections 107(2)(a) and 107(4) of the Enterprise
Act 2002.
|
