This level has in the past been generally used as the starting point for investigating and defining relevant product markets in competition cases, in particular, for competition between innovator companies.ĩ. At the third ATC level ("ATC3"), pharmaceuticals are grouped in terms of their therapeutic indication, i.e. The ATC has 16 categories (A, B, C, D etc.) each with different levels. In previous decisions, the Commission noted that pharmaceuticals may be subdivided into therapeutic classes by reference to the "Anatomical Therapeutic Chemical" classification ("ATC"), devised by the European Pharmaceutical Marketing Research Association ("EphMRA") and maintained by EphMRA and Intercontinental Medical Statistics ("IMS"). The parties have a potential overlap due to pipeline products in the treatment of multiple sclerosis (MS).Ĩ. organ transplants) treatments for excess phosphate and excess potassium and diagnostic tests relating to the thyroid. The main areas of overlap include leukaemia immunostimulants (in particular used in stem cell transplants) immunosuppressants against the rejection of solid cell transplants (i.e. The parties' activities overlap in a number of therapeutic areas, typically in drugs used to treat serious illnesses and used to a great extent by hospitals.
introductory remarks on relevant Product Marketsħ. The notified operation therefore has an EU dimension.ġ. Each of them has an EU-wide turnover in excess of EUR 250 million, but they do not achieve more than two-thirds of their aggregate EU-wide turnover within one and the same Member State. The undertakings concerned have a combined aggregate world-wide turnover of more than EUR 5 000 million. The transaction constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation.Ħ. The deadline was subsequently extended to 21 January 2011.ĥ. The tender offer was filed on 4 October 2010 with an initial deadline of 10 December 2010. The proposed transaction concerns an acquisition of sole control by Sanofi-Aventis of Genzyme by way of a public bid for all issued and outstanding shares. Genzyme is active in the research, development, manufacture and sale of pharmaceuticals, in particular biotechnology products used in the treatment of rare genetic diseases, cardiometabolic and renal diseases, biosurgery and hematologic oncology and multiple sclerosis.Ĥ. Sanofi-Aventis is active in the development, production, distribution and marketing of pharmaceuticals, human vaccines, and animal health products.ģ. On 29 November 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Sanofi-Aventis ("Sanofi-Aventis", France) acquires within the meaning of Article 3(1)(b) Merger Regulation sole control of the undertaking Genzyme Corporation ("Genzyme", US), by way of public bid.Ģ. Subject: Case No COMP/M.5999 - Sanofi Aventis/ Genzyme Notification of 29 November 2010 pursuant to Article 4 of Council Regulation No 139/2004 ġ. MERGER PROCEDURE ARTICLE 6(1)(b) DECISION Where possible the information omitted has been replaced by ranges of figures or a general description. In the published version of this decision, some information has been omitted pursuant to Article 17(2) of Council Regulation (EC) No 139/2004 concerning non-disclosure of business secrets and other confidential information.