# Official Journal C 233/2020

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 233 |
| | |
| English edition | Information and Notices | Volume 6315 July 2020 |

ISSN 1977-091X

Official Journal

of the European Union

C 233

English edition

Information and Notices

Volume 6315 July 2020

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2020/C 233/01 | Non-opposition to a notified concentration (Case M.9815 – Advent/Cinven/thyssenkrupp Elevator) (
  1
  ) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2020/C 233/01

Non-opposition to a notified concentration (Case M.9815 – Advent/Cinven/thyssenkrupp Elevator) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2020/C 233/02 | Euro exchange rates — 14 July 2020 | 2 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2020/C 233/02

Euro exchange rates — 14 July 2020

2

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2020/C 233/03 | Prior notification of a concentration (Case M.9886 – Salling Group/Tesco Polska) Candidate case for simplified procedure (
  1
  ) | 3 |
| 2020/C 233/04 | Prior notification of a concentration (Case M.9802 – Liberty Global/DPG Media/JV) (
  1
  ) | 5 |
| 2020/C 233/05 | Prior notification of a concentration (Case M.9889 – ERGO/SDHS/Taishan Property & Casualty Insurance) Candidate case for simplified procedure (
  1
  ) | 6 |
| 2020/C 233/06 | Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case AT.40394 – Aspen | 7 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2020/C 233/03

Prior notification of a concentration (Case M.9886 – Salling Group/Tesco Polska) Candidate case for simplified procedure (
  1
  )

1

3

2020/C 233/04

Prior notification of a concentration (Case M.9802 – Liberty Global/DPG Media/JV) (
  1
  )

1

5

2020/C 233/05

Prior notification of a concentration (Case M.9889 – ERGO/SDHS/Taishan Property & Casualty Insurance) Candidate case for simplified procedure (
  1
  )

1

6

2020/C 233/06

Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case AT.40394 – Aspen

7

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| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 15.7.2020 | EN | Official Journal of the European Union | C 233/1 |
| --- | --- | --- | --- |

15.7.2020

EN

Official Journal of the European Union

C 233/1

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Non-opposition to a notified concentration

(Case M.9815 – Advent/Cinven/thyssenkrupp Elevator)

(Text with EEA relevance)

(2020/C 233/01)

On 18 June 2020, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32020M9815. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32020M9815. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 15.7.2020 | EN | Official Journal of the European Union | C 233/2 |
| --- | --- | --- | --- |

15.7.2020

EN

Official Journal of the European Union

C 233/2

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Euro exchange rates (1)

14 July 2020

(2020/C 233/02)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1375 |
| JPY | Japanese yen | 122,17 |
| DKK | Danish krone | 7,4447 |
| GBP | Pound sterling | 0,90778 |
| SEK | Swedish krona | 10,3855 |
| CHF | Swiss franc | 1,0691 |
| ISK | Iceland króna | 159,40 |
| NOK | Norwegian krone | 10,7110 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,638 |
| HUF | Hungarian forint | 355,48 |
| PLN | Polish zloty | 4,4781 |
| RON | Romanian leu | 4,8435 |
| TRY | Turkish lira | 7,8111 |
| AUD | Australian dollar | 1,6348 |
| CAD | Canadian dollar | 1,5488 |
| HKD | Hong Kong dollar | 8,8171 |
| NZD | New Zealand dollar | 1,7417 |
| SGD | Singapore dollar | 1,5846 |
| KRW | South Korean won | 1 371,98 |
| ZAR | South African rand | 19,0732 |
| CNY | Chinese yuan renminbi | 7,9805 |
| HRK | Croatian kuna | 7,5295 |
| IDR | Indonesian rupiah | 16 436,88 |
| MYR | Malaysian ringgit | 4,8588 |
| PHP | Philippine peso | 56,305 |
| RUB | Russian rouble | 80,8370 |
| THB | Thai baht | 35,922 |
| BRL | Brazilian real | 6,0925 |
| MXN | Mexican peso | 25,7383 |
| INR | Indian rupee | 85,7725 |

Currency

Exchange rate

USD

US dollar

1,1375

JPY

Japanese yen

122,17

DKK

Danish krone

7,4447

GBP

Pound sterling

0,90778

SEK

Swedish krona

10,3855

CHF

Swiss franc

1,0691

ISK

Iceland króna

159,40

NOK

Norwegian krone

10,7110

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,638

HUF

Hungarian forint

355,48

PLN

Polish zloty

4,4781

RON

Romanian leu

4,8435

TRY

Turkish lira

7,8111

AUD

Australian dollar

1,6348

CAD

Canadian dollar

1,5488

HKD

Hong Kong dollar

8,8171

NZD

New Zealand dollar

1,7417

SGD

Singapore dollar

1,5846

KRW

South Korean won

1 371,98

ZAR

South African rand

19,0732

CNY

Chinese yuan renminbi

7,9805

HRK

Croatian kuna

7,5295

IDR

Indonesian rupiah

16 436,88

MYR

Malaysian ringgit

4,8588

PHP

Philippine peso

56,305

RUB

Russian rouble

80,8370

THB

Thai baht

35,922

BRL

Brazilian real

6,0925

MXN

Mexican peso

25,7383

INR

Indian rupee

85,7725

---

(1)  Source: reference exchange rate published by the ECB.

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 15.7.2020 | EN | Official Journal of the European Union | C 233/3 |
| --- | --- | --- | --- |

15.7.2020

EN

Official Journal of the European Union

C 233/3

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Prior notification of a concentration

(Case M.9886 – Salling Group/Tesco Polska)

Candidate case for simplified procedure

(Text with EEA relevance)

(2020/C 233/03)

1.

This notification concerns the following undertakings:

| — | Salling Group A/S (‘Salling Group’, Denmark), |
| --- | --- |

—

Salling Group A/S (‘Salling Group’, Denmark),

| — | Tesco (Polska) sp. z.o.o. (‘Tesco Polska’, Poland). |
| --- | --- |

—

Tesco (Polska) sp. z.o.o. (‘Tesco Polska’, Poland).

Salling Group acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Tesco Polska.

The concentration is accomplished by way of purchase of shares.

2.

| — | Salling Group: retail distribution by means of supermarkets, department stores, discount stores and hypermarkets for daily consumer goods, as well as online shops, coffee shops, restaurants and meal box business, active in Denmark, Germany and Poland (with Netto Sp. z o.o., a discount retailer of grocery and non-grocery goods), |
| --- | --- |

—

Salling Group: retail distribution by means of supermarkets, department stores, discount stores and hypermarkets for daily consumer goods, as well as online shops, coffee shops, restaurants and meal box business, active in Denmark, Germany and Poland (with Netto Sp. z o.o., a discount retailer of grocery and non-grocery goods),

| — | Tesco Polska: retail distribution of food and daily consumer products by means of a chain of stores comprising of hypermarkets and supermarkets located in Poland. |
| --- | --- |

—

Tesco Polska: retail distribution of food and daily consumer products by means of a chain of stores comprising of hypermarkets and supermarkets located in Poland.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.9886 – Salling Group/Tesco Polska

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

| European Commission |
| --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

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| 15.7.2020 | EN | Official Journal of the European Union | C 233/5 |
| --- | --- | --- | --- |

15.7.2020

EN

Official Journal of the European Union

C 233/5

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Prior notification of a concentration

(Case M.9802 – Liberty Global/DPG Media/JV)

(Text with EEA relevance)

(2020/C 233/04)

1.

This notification concerns the following undertakings:

| — | Liberty Global plc (United Kingdom, ‘Liberty Global’), through its affiliates Telenet Group NV and Telenet BV (Belgium, together ‘Telenet’), |
| --- | --- |

—

Liberty Global plc (United Kingdom, ‘Liberty Global’), through its affiliates Telenet Group NV and Telenet BV (Belgium, together ‘Telenet’),

| — | DPG Media NV (Belgium, ‘DPG Media’), |
| --- | --- |

—

DPG Media NV (Belgium, ‘DPG Media’),

| — | the Joint Venture (Belgium, ‘JV’). |
| --- | --- |

—

the Joint Venture (Belgium, ‘JV’).

Liberty Global and DPG Media acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of the JV.

The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.

2.

| — | for Liberty Global: through its subsidiary Telenet, the operation of cable and mobile networks in Belgium and parts of Luxembourg, specialising in (i) the supply of broadband internet, fixed telephony services and cable television primarily in Flanders and parts of Brussels; (ii) the supply of mobile telecommunications services in the whole of Belgium; (iii) the operation of Dutch-language pay TV channels and video-on-demand services (Play, Play More and Play Sports), free-to-air TV channels (Vier, Vijf, Zes); and (iv) the operation of the production company Woestijnvis, |
| --- | --- |

—

for Liberty Global: through its subsidiary Telenet, the operation of cable and mobile networks in Belgium and parts of Luxembourg, specialising in (i) the supply of broadband internet, fixed telephony services and cable television primarily in Flanders and parts of Brussels; (ii) the supply of mobile telecommunications services in the whole of Belgium; (iii) the operation of Dutch-language pay TV channels and video-on-demand services (Play, Play More and Play Sports), free-to-air TV channels (Vier, Vijf, Zes); and (iv) the operation of the production company Woestijnvis,

| — | for DPG Media: (i) the supply of Dutch-language daily newspapers (Het Laatste Nieuws, De Morgen) and magazines (e.g. Dag Allemaal, Goed Gevoel, Humo); (ii) the operation of TV channels (VTM, Q2, Vitaya, CAZ, and VTM Kids), an advertising-based video on demand service (VTM Go) and radio stations (Q-music and Joe); and (iii) the operation of a telecom mobile virtual network (Mobile Vikings), |
| --- | --- |

—

for DPG Media: (i) the supply of Dutch-language daily newspapers (Het Laatste Nieuws, De Morgen) and magazines (e.g. Dag Allemaal, Goed Gevoel, Humo); (ii) the operation of TV channels (VTM, Q2, Vitaya, CAZ, and VTM Kids), an advertising-based video on demand service (VTM Go) and radio stations (Q-music and Joe); and (iii) the operation of a telecom mobile virtual network (Mobile Vikings),

| — | for the JV: the supply of a subscription-video-on-demand offering under a new and independent brand in Belgium focused on Dutch-speaking consumers.The JV’s offering will primarily consist of local and international films and series. It will neither include (i) sports or adult content; nor (ii) linear channels (of Telenet and/or DPG Media and/or of third parties) and ancillary services linked thereto (e.g. catch-up services). |
| --- | --- |

—

for the JV: the supply of a subscription-video-on-demand offering under a new and independent brand in Belgium focused on Dutch-speaking consumers.The JV’s offering will primarily consist of local and international films and series. It will neither include (i) sports or adult content; nor (ii) linear channels (of Telenet and/or DPG Media and/or of third parties) and ancillary services linked thereto (e.g. catch-up services).

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.9802 – Liberty Global/DPG Media/JV

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

| European Commission |
| --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

1

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| 15.7.2020 | EN | Official Journal of the European Union | C 233/6 |
| --- | --- | --- | --- |

15.7.2020

EN

Official Journal of the European Union

C 233/6

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Prior notification of a concentration

(Case M.9889 – ERGO/SDHS/Taishan Property & Casualty Insurance)

Candidate case for simplified procedure

(Text with EEA relevance)

(2020/C 233/05)

1.

This notification concerns the following undertakings:

| — | ERGO Versicherung AG (‘ERGO’) (Germany), controlled by Münchener Rückversicherungs-Gesellschaft Aktiengesellschaft in München (‘Munich RE’) (Germany), |
| --- | --- |

—

ERGO Versicherung AG (‘ERGO’) (Germany), controlled by Münchener Rückversicherungs-Gesellschaft Aktiengesellschaft in München (‘Munich RE’) (Germany),

| — | Shandong Hi-Speed Group Corporation (‘SDHS’) (China), a Chinese state-owned enterprise, solely controlled by Shandong Provincial State-owned Assets Supervision and Administration Commission (‘Shandong SASAC’) (China), |
| --- | --- |

—

Shandong Hi-Speed Group Corporation (‘SDHS’) (China), a Chinese state-owned enterprise, solely controlled by Shandong Provincial State-owned Assets Supervision and Administration Commission (‘Shandong SASAC’) (China),

| — | Taishan Property & Casualty Insurance Co., Ltd (‘TSIC’) (China), solely controlled by Shandong SASAC, via SDHS. |
| --- | --- |

—

Taishan Property & Casualty Insurance Co., Ltd (‘TSIC’) (China), solely controlled by Shandong SASAC, via SDHS.

ERGO and SDHS acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of TSIC.

The concentration is accomplished by way of purchase of shares.

2.

| — | for ERGO: the provision of insurance services. ERGO is a wholly owned subsidiary of Munich RE, which is an international insurance company, |
| --- | --- |

—

for ERGO: the provision of insurance services. ERGO is a wholly owned subsidiary of Munich RE, which is an international insurance company,

| — | for SHDS: investment, construction and operation of highways, expressways, bridges, railways, rail transits, harbours, shipping and logistics, |
| --- | --- |

—

for SHDS: investment, construction and operation of highways, expressways, bridges, railways, rail transits, harbours, shipping and logistics,

| — | for TSIC: the provision of insurance services in China. |
| --- | --- |

—

for TSIC: the provision of insurance services in China.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

2

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.9889 – ERGO/SDHS/Taishan Property & Casualty Insurance

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

| European Commission |
| --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

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| 15.7.2020 | EN | Official Journal of the European Union | C 233/7 |
| --- | --- | --- | --- |

15.7.2020

EN

Official Journal of the European Union

C 233/7

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Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case AT.40394 – Aspen

(2020/C 233/06)

1.   Introduction

| (1) | According to Article 9 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1), the Commission may decide – in cases where it intends to adopt a decision requiring that an infringement is brought to an end and the parties concerned propose commitments to meet the concerns expressed to them by the Commission in its preliminary assessment – to make those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the Commission. According to Article 27(4) of the same Regulation, the Commission shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by the Commission. |
| --- | --- |

(1)

2.   Summary of the case

| (2) | On 19 June 2020 the Commission adopted a preliminary assessment within the meaning of Article 9(1) of Regulation (EC) No 1/2003 concerning an alleged infringement of Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 54 of the EEA Agreement by Aspen Pharmacare Holdings Ltd and Aspen Pharmacare Ireland Limited (together ‘Aspen’). |
| --- | --- |

(2)

| (3) | The preliminary assessment sets out the Commission’s concerns that Aspen may have abused its dominant position by imposing unfair prices pursuant to Article 102(a) TFEU and Article 54 of the EEA Agreement in the form of excessive prices in relation to six cancer medicines in the European Economic Area, except Italy (2) (‘EEA’) (3). |
| --- | --- |

(3)

| (4) | The six medicines concerned by Aspen’s pricing practices are prescription medicines for human use in the treatment of cancer, such as hematologic tumours, with the active pharmaceutical ingredients (‘APIs’) melphalan, mercaptopurine, chlorambucil, tioguanine and busulfan. They are sold under the brand names Alkeran Intravenous (‘IV’), Alkeran Oral, Purinethol, Leukeran, Lanvis and Myleran, respectively (together, the ‘Products’). |
| --- | --- |

(4)

| (5) | The Commission has concerns that Aspen may have held a dominant position with each of these medicines on all or most of the distinct national markets in the EEA. Aspen may have held those dominant positions at least during parts of the period under investigation, and may continue to do so. |
| --- | --- |

(5)

| (6) | The Commission has concerns that Aspen may have abused its dominant position in most of these markets. Aspen’s alleged conduct started with very high price increases, often by several hundred percent, from May 2012 onwards, resulting in price levels raising concerns of excessive pricing in most national markets. Evidence gives rise to the concern that Aspen’s alleged conduct may still be ongoing. |
| --- | --- |

(6)

| (7) | The Commission’s analysis has shown that throughout Aspen’s financial years 2013 to 2019 (covering the period from 1 July 2012 to 30 June 2019), Aspen has persistently earned with the Products very high profits in the EEA both in absolute and in relative terms: Aspen’s prices exceeded its relevant costs by almost three hundred percent on average (that is, prices were almost four times the level of Aspen’s costs), including when accounting for a reasonable rate of return. Moreover, Aspen’s average EEA-wide profit levels were more than three times higher than the average profitability levels of a selection of similar businesses in the pharmaceutical industry (‘Comparators’). Aspen’s average profit levels were also higher than any of the Comparators individually. |
| --- | --- |

(7)

| (8) | The investigation has not revealed any legitimate reasons for Aspen's price and profit levels. The Products have been off-patent for approximately 50 years, and Aspen has not significantly innovated or developed the Products. Aspen outsourced the Products’ manufacturing and most of the commercialisation activities. From a customer’s perspective, Aspen has not introduced any material improvements to the Products or to their distribution. |
| --- | --- |

(8)

| (9) | The Commission’s preliminary assessment is therefore that Aspen may have been earning excessive profits and may have charged unfair prices for each of the Products in most national markets in the period from 1 July 2012 to 30 June 2019, and may continue to do so, in breach of Article 102(a) TFEU. |
| --- | --- |

(9)

3.   Main content of the proposed commitments

| (10) | Whilst not agreeing with the Commission’s preliminary assessment, Aspen has proposed commitments pursuant to Article 9 of Regulation (EC) No 1/2003 to meet the Commission’s competition concerns. The key elements of these commitments are as follows:






  (a) | Aspen will reduce its net prices for each of the Products in all of the EEA Member States where price levels may raise concerns. The reduced net prices are set out per Member State and per Product in the proposed commitments. The price reduction will be on average around 73% for the Products across the EEA. After the reduction by Aspen, there will still remain a significant variation in the prices between Member States, because Aspen’s per-unit costs differ between the Member States. The committed net prices are maximum net prices, i.e. price-ceilings, and Aspen is free to apply lower prices. |
| --- | --- | --- |

(10)

(a)

Aspen will reduce its net prices for each of the Products in all of the EEA Member States where price levels may raise concerns. The reduced net prices are set out per Member State and per Product in the proposed commitments. The price reduction will be on average around 73% for the Products across the EEA. After the reduction by Aspen, there will still remain a significant variation in the prices between Member States, because Aspen’s per-unit costs differ between the Member States. The committed net prices are maximum net prices, i.e. price-ceilings, and Aspen is free to apply lower prices.

| (b) | The reduced net prices will apply for a period of ten years counting from the day of notification of the Commission’s decision accepting the commitments. In the second half of the period, i.e. after year five, there can once be a review of price levels in case of a significant increase in Aspen’s direct costs. In addition, on top of the ten-year period mentioned, Aspen commits to apply the reduced net prices already retroactively from 1 October 2019 onwards, when Aspen first approached the Commission with a concrete commitments proposal. Aspen will reimburse the amounts paid in excess of the reduced net prices during the period from 1 October 2019 until Aspen has effectively implemented the price reductions to entities that ultimately pay or reimburse medicine prices in the Member States. These payments are without prejudice to any claims under applicable civil or commercial laws. |
| --- | --- |

(b)

The reduced net prices will apply for a period of ten years counting from the day of notification of the Commission’s decision accepting the commitments. In the second half of the period, i.e. after year five, there can once be a review of price levels in case of a significant increase in Aspen’s direct costs. In addition, on top of the ten-year period mentioned, Aspen commits to apply the reduced net prices already retroactively from 1 October 2019 onwards, when Aspen first approached the Commission with a concrete commitments proposal. Aspen will reimburse the amounts paid in excess of the reduced net prices during the period from 1 October 2019 until Aspen has effectively implemented the price reductions to entities that ultimately pay or reimburse medicine prices in the Member States. These payments are without prejudice to any claims under applicable civil or commercial laws.

| (c) | Aspen commits to continue supplying the Products for a guaranteed first period of five years. For a second five-year period, Aspen commits to continue supplying the Products unless Aspen, if it intends to discontinue supplying, (i) informs, at least one year in advance, the Member State authorities concerned of that intention, and (ii) makes the Products' marketing authorisations available to any interested third party and maintains the marketing authorisations until it has found a purchaser. |
| --- | --- |

(c)

Aspen commits to continue supplying the Products for a guaranteed first period of five years. For a second five-year period, Aspen commits to continue supplying the Products unless Aspen, if it intends to discontinue supplying, (i) informs, at least one year in advance, the Member State authorities concerned of that intention, and (ii) makes the Products' marketing authorisations available to any interested third party and maintains the marketing authorisations until it has found a purchaser.

| (11) | These commitments should meet the Commission’s concerns identified in the preliminary assessment. In particular the price reduction and price ceiling for a period of ten years should remove the Commission’s concerns of excessive pricing, because these price reductions bring Aspen’s profit levels sufficiently within the range of profits commonly observed in the market. In addition, the reduced prices would bring Aspen’s average EEA prices for the Products below the pre-price increase levels of 2012, even if the situation will be different in some national markets, given that the 2012 prices varied considerably between national markets. |
| --- | --- |

(11)

| (12) | The commitments are published in full in English on the website of the Directorate-General for Competition at:
  http://ec.europa.eu/competition/index_en.html |
| --- | --- |

(12)

http://ec.europa.eu/competition/index_en.html

4.   Invitation to make comments

| (13) | Subject to market testing, the Commission intends to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring binding the commitments summarised above and published on the Internet, on the website of the Directorate-General for Competition. |
| --- | --- |

(13)

| (14) | In accordance with Article 27(4) of Regulation (EC) No 1/2003, the Commission invites interested third parties to submit their observations on the proposed commitments. These observations must reach the Commission not later than two months following the date of this publication. Interested third parties are also asked to submit a non-confidential version of their comments, in which any information they claim to be business secrets and other confidential information should be deleted and replaced as required by a non-confidential summary or by the words 'business secrets' or 'confidential'. |
| --- | --- |

(14)

| (15) | Answers and comments should preferably be reasoned and should set out the relevant facts. If you identify a problem with any part of the proposed commitments, the Commission would also invite you to suggest a possible solution. |
| --- | --- |

(15)

| (16) | Observations can be sent to the Commission under reference number AT.40394 - Aspen either by email (COMP-GREFFE-ANTITRUST@ec.europa.eu), by fax (+32 22950128) or by post, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Antitrust Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

(16)

European Commission

Directorate-General for Competition

Antitrust Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 1, 4.1.2003, p. 1. With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and, respectively, 102 of the TFEU.

(2)  Italy is excluded because the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato) adopted an Article 102 TFEU infringement decision against Aspen regarding its excessive pricing practices with the same product portfolio (except Myleran); see decision of 29 September 2016 in Case A-480 Incremento Prezzo Farmaci Aspen (Aspen) (upheld in last instance by the Council of State (Consiglio di Stato) by judgment of 20 February 2020 in Case No 8447/2017).

(3)  For the purposes of this notice, ‘EU/EEA’ refers to the Member States of the European Union, except Italy, as well as to the United Kingdom, and countries within European Economic Area. The EEA comprises the EU Member States together with Iceland, Liechtenstein and Norway.

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