Prior notification of a concentration (Case M.10967 – ACE PHARMACEUTICALS BELGIUM / FEBELCO / PANNOC CHEMIE JV) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 18/08
Date: 2023-01-19
Institutions: Directorate-General for Competition, European Commission
Subjects: cooperative, economic concentration, holding company, investment company, merger control, pharmaceutical industry, wholesale trade








C_2023018EN.01001601.xml










19.1.2023   


EN


Official Journal of the European Union


C 18/16






Prior notification of a concentration
(Case M.10967 – ACE PHARMACEUTICALS BELGIUM / FEBELCO / PANNOC CHEMIE JV) Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 18/08)

1.   
On 10 January 2023, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


ACE Pharmaceuticals Belgium NV (‘ACE Belgium’, Belgium), controlled by, on the one hand, Quadrum Capital (the Netherlands), Rivean Capital (the Netherlands), Gilde Healthcare (the Netherlands) via ACE Pharmaceuticals BV belonging to ACE Pharma Group BV, and, on the other hand, Pharmentum NV (Belgium),










—


Febelco CV (‘Febelco’, Belgium), and










—


Pannoc Chemie NV (‘Pannoc’, Belgium).




ACE Belgium and Febelco will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Pannoc.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






—


ACE Belgium is a joint venture between ACE Pharmaceuticals BV – belonging to ACE Pharma Group BV – and Pharmentum NV,










—


ACE Pharma Group BV is active in the development, production, registration and sale of medicines for small patient groups or specific indications, as well as in the production and distribution of medicines for clinical research,










—


Quadrum Capital, Rivean Capital and Gilde Healthcare are private equity funds,










—


Pharmentum NV is a holding company with control of Pharma Chemicals, a pharmaceutical company active in the sourcing, analysis and repackaging of medical raw materials, which it sells to pharmacies and hospitals, which then further process them,










—


Febelco is a cooperative society owned almost entirely by its customers, the independent Belgian pharmacists. Febelco is active, among other things, as a wholesaler-distributor of pharmaceutical and parapharmaceutical products,










—


Pannoc is a Belgian pharmaceutical company which is dedicated to developing, producing, packaging and selling medical raw materials and cosmetics in the form of creams, ointments, gels, lotions and solutions, as well as a limited number of medicines.






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 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.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.10967 – ACE PHARMACEUTICALS BELGIUM / FEBELCO / PANNOC CHEMIE 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







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

(2)  OJ C 366, 14.12.2013, p. 5.