CELEX: 32022M10657
Language: en
Date: 2022-04-04 00:00:00
Title: Commission Decision of 04/04/2022 declaring a concentration to be compatible with the common market (Case No COMP/M.10657 - SAMSUNG BIOLOGICS / SAMSUNG BIOEPIS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 4.4.2022
                                                                C(2022) 2246 final
                                                                                 PUBLIC VERSION
                                                                Samsung BioLogics Co. Ltd.
                                                                300 Songdo bio-daero, Yeonsu-gu
                                                                21987 Incheon
                                                                Republic of Korea
Subject:        Case M.10657 - SAMSUNG BIOLOGICS / SAMSUNG BIOEPIS
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                        1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 11 March 2022, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Samsung
        BioLogics Co. Ltd. (“Samsung BioLogics”, Republic of Korea), a company controlled
        by the Samsung Group (Republic of Korea), acquires within the meaning of
        Article 3(1)(b) of the Merger Regulation sole control of the whole of Samsung
        Bioepis Co. Ltd. (“Bioepis, Republic of Korea”), a company currently jointly
        controlled by Biogen Therapeutics Inc. (USA) and Samsung BioLogics. The
        concentration is accomplished by way of purchase of shares.3
2.      The business activities of the undertakings concerned are the following:
        −     Samsung BioLogics is a company active in the development and manufacturing
              of biopharmaceutical products worldwide,
        −     Bioepis is a company active in the development and commercialisation of
              biosimilar medicines.
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 123, 18.03.2022, p. 46.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak--- 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(d) 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)
                                                  Olivier GUERSENT
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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