V AS STERILE SALTS AND THE VARIOUS BRANDS OF SEMISYNTHETIC PENICILLIN SPECIALITIES WHICH THE INDIVIDUAL FINAL MANUFACTURERS SELL TO HOSPITALS AND PHARMACIES .
( C ) CEPHALOSPORINS ARE NOT COVERED BY THE AGREEMENTS BUT ARE CLOSELY RELATED TO THEM . THESE ARE EITHER MANUFACTURED FROM RAW PENICILLIN WITH 7-ADCA AS AN INTERMEDIATE PRODUCT , OR FROM CEPHALOSPORIN C ( PATENTED BY THE UK NATIONAL RESEARCH DEVELOPMENT CORPORATION ) WITH 7-AMINO-CEPHALOSPORANIC ACID ( 7-ACA ) AS AN INTERMEDIATE PRODUCT . GIST-BROCADES HAS PROCESS PATENTS BOTH FOR 7-ADCA AND FOR 7-ACA . OTHER PROCESSES HAVE BEEN PATENTED BY GLAXO , CIBA AND LILLY .
ANTIBACTERIAL SUBSTANCES IN THEIR BROADER SENSE INCLUDE PENICILLIN AND CEPHALOSPORIN PREPARATIONS AND THE BROAD - AND MEDIUM-SPECTRUM ANTIBIOTICS SUCH AS THE SULFONAMIDES , CHLORAMPHENICOL AND THE TETRACYCLINES . HOWEVER , THERE ARE SUBSTANTIAL DIFFERENCES IN THE MEDICINAL PROPERTIES OF THE VARIOUS INDIVIDUAL PRODUCTS AND IN THE TOLERANCE LEVELS , SIDE-EFFECTS , PRICE AND CIRCUMSTANCES OF PRESCRIPTION .
3 . THE UNDERTAKINGS CONCERNED
( A ) BAYER IS ONE OF EUROPE'S LARGEST PHARMACEUTICAL MANUFACTURERS . IT HAS PRODUCTION , PROCESSING AND DISTRIBUTION ESTABLISHMENTS THROUGHOUT THE COMMON MARKET . ITS SALES OF PHARMACEUTICAL PRODUCTS IN 1974 RAN TO SOME DM 1 600 MILLION WORLDWIDE , OF WHICH DOMESTIC SALES AMOUNTED TO DM 550 MILLION . THE GREATER PROPORTION OF EXPORTS WERE TO NON-COMMUNITY COUNTRIES .
PENICILLIN PRODUCTS ACCOUNT FOR ROUGHLY 14 % OF BAYER'S TOTAL SALES . IN 1974 DOMESTIC SALES OF PENICILLIN AMOUNTED TO DM 133 MILLION AND EXPORTS TO DM 100 MILLION , OF WHICH 80 % WERE EXPORTED OUTSIDE EUROPE . BAYER'S MAIN BUSINESS IS IN FINISHED SEMISYNTHETIC PENICILLIN PREPARATIONS , ESPECIALLY AMPICILLIN AND ITS COMPOUNDS . BAYER SELLS 6-APA ONLY TO FARMITALIA AND TO RECHERCHES ET INDUSTRIE THERAPEUTIQUES ( RIT ) AND BULK AMPICILLIN AND PHENEPICILLIN ONLY TO PFIZER , MERCK AND HOECHST . BELGIUM AND ITALY ARE THE ONLY COMMON MARKET COUNTRIES TO WHICH IT SUPPLIES SEMISYNTHETIC PENICILLIN SPECIALITIES . IT IS NOT INVOLVED IN THE RELATED CEPHALOSPORIN MARKET .
( B ) GIST-BROCADES IS PRIMARILY AN UNDERTAKING WHICH USES FERMENTATION TECHNIQUES , USING PRODUCTS SUCH AS ENZYMES , YEAST AND ALCOHOL . ITS MAIN BUSINESS IS IN INTERMEDIATE PRODUCTS AND IT SELLS 6-APA AND AMPICILLIN IN BULK . IT ALSO MANUFACTURES 7-ADCA , WHICH IT PROCESSES INTO CEPHALOSPORIN PREPARATIONS . HOWEVER , FINISHED PREPARATIONS ACCOUNT FOR A SMALLER PROPORTION OF GIST-BROCADES' TURNOVER THAN OF BAYER'S . GIST-BROCADES HAS A PRODUCTION PLANT IN PORTUGAL ( MYCOFABRIL ) , MARKETING COMPANIES IN THE UNITED KINGDOM , ITALY , BELGIUM AND FRANCE AND COOPERATION AGREEMENTS WITH GRUENENTHAL IN GERMANY . IN 1974 ITS SALES OF PHARMACEUTICAL PRODUCTS TOTALLED FL 400 MILLION , AND PENICILLIN SALES ACCOUNTED FOR FL 135 MILLION OF THAT AMOUNT .
( C ) BEFORE CONCLUDING THE AGREEMENTS IN QUESTION , BOTH GIST-BROCADES AND BAYER WERE MANUFACTURING RAW PENICILLIN . GIST-BROCADES WAS WORKING ON A MUCH LARGER SCALE , PRODUCING 560 MEGA AGAINST BAYER'S 100 MEGA IN 1970 . GIST-BROCADES' EARNINGS WERE ALSO HIGHER