CELEX: 32018M8956
Language: en
Date: 2018-09-10 00:00:00
Title: Commission Decision of 10/09/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8956 - Biogen / Samsung Biologics / Bioepis) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 10.9.2018
                                                                C(2018) 5965 final
                                                                        PUBLIC VERSION
                                                                To the notifying party:
Subject:        Case M.8956 - BIOGEN / SAMSUNG BIOLOGICS / BIOEPIS JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
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                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 17 August 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Biogen Inc.
        ("Biogen", USA) and Samsung BioLogics Co. Ltd. ("Samsung BioLogics", South Korea),
        a company controlled by the Samsung Group (South Korea), acquire within the meaning of
        Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Samsung Bioepis Co
        Ltd. ("Bioepis", South Korea), currently solely controlled by Samsung BioLogics by way
        of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             for Biogen: a biopharmaceutical company active in research, development and
              provision of therapies for serious neurological and neurodegenerative diseases
              worldwide.
             for Samsung BioLogics: a company active in the development and manufacturing of
              biopharmaceutical products worldwide.
             for Samsung Group: a conglomerate active in a wide array of industries, including
              electronics, shipbuilding, engineering and insurance.
             for Bioepis: active in the development of biosimilar medicines. Bioepis is a joint
              venture between Samsung BioLogics and Biogen.
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 297, 23.08.2018, p. 6.
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(c) 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
4  OJ C 366, 14.12.2013, p. 5.
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