CELEX: 32016M8193
Language: en
Date: 2016-09-13 00:00:00
Title: Commission Decision of 13/09/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8193 - TEVA / ANDA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels,13.9.2016
                                        C(2016) 5901 final

                                        [pic][pic]

                                        To the notifying party:

Dear Sirs,

Subject:    Case M. 8193 – TEVA / ANDA
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 19/08/2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation  by
    which Teva Pharmaceuticals Industries Ltd. (Teva, Israel) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of
    the whole of Anda Distribution Business  (Anda, US), currently held by Allergan plc, by way of purchase of shares.[3]

 2. The business activities of the undertakings concerned are:

      –    Teva is an Israeli pharmaceutical company active in the development, manufacturing, marketing, sale and distribution of  generic  and
    proprietary pharmaceutical products, biopharmaceuticals and active pharmaceutical ingredients worldwide.

    –      Anda is a distributor of generic, brand, specialty and over-the-counter pharmaceutical  products  to  retail  independent  and  chain
    pharmacies, nursing homes, mail order pharmacies, hospitals, clinics and physicians'  offices.  Its  activities  and  turnover  are  limited
    entirely to the US.

 3. After examination of the notification, the European Commission has concluded that the notified operation  falls  within  the  scope  of  the
    Merger Regulation and of paragraph 5(b) of the Commission Notice on a simplified procedure for treatment  of  certain  concentrations  under
    Council Regulation (EC) No 139/2004.[4]

 4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose  the  notified  operation
    and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b)
    of the Merger Regulation and Article 57 of the EEA Agreement.

                                        For the Commission

                                        (Signed)

                                        Johannes LAITENBERGER
                                        Director-General

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[1]   OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the Functioning of the  European  Union
    ('TFEU') has introduced certain changes, such as the replacement of 'Community' by 'Union' and 'common market'  by  'internal  market'.  The
    terminology of the TFEU will be used throughout this decision.
[2]   OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
[3]   Publication in the Official Journal of the European Union No C 313, 27.8.2016, p. 23.
[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE