Aspen Pharmacare Holdings Ltd - proposed acquisition of Sigma Pharmaceuticals (Australia) Pty Ltd

Acquirer(s)

  • Aspen Asia Pacific Pty Ltd

Target(s)

  • Sigma Pharmaceuticals (Australia) Pty Ltd

Summary

Aspen Pharmacare Holdings Limited proposed to acquire Sigma Pharmaceuticals (Australia) Pty Ltd and two other entities from Sigma Company Limited. Sigma Pharmaceuticals (Australia) includes Sigma's pharmaceutical products manufacturing, marketing and supply business including in respect of all prescription, generic and private label products.

Statement of issues

Public competition assessment

Document title Date

Undertakings

Document title Date

Timeline

DateEvent
06/09/2010ACCC commenced review under the Merger Review Process Guidelines.
27/09/2010Closing date for submissions from interested parties.
08/10/2010ACCC requested further information from the merger parties. ACCC timeline suspended.
20/10/2010ACCC received further information from the merger parties. ACCC timeline recommenced.
27/10/2010ACCC published a Statement of Issues outlining preliminary competition concerns.
11/11/2010Closing date for submissions relating to Statement of Issues.
12/11/2010ACCC received further information from the merger parties. Former proposed date for announcement of ACCC's findings of 25 November 2010 amended to allow for consideration of the information provided.
30/11/2010Draft 87B undertaking proffered by Aspen. ACCC commenced market inquiries on the draft undertaking.
07/12/2010Closing date for submissions relating to draft 87B undertaking.
16/12/2010ACCC announced it would not oppose the proposed acquisition, subject to court enforceable undertaking offered by Aspen Pharmacare Holdings Limited and Aspen Asia Pacific Pty Ltd, and in light of Aspen deciding to excise Sigma's iron polymaltose product, Ferrosig, from the acquisition.
16/12/201087B undertaking accepted by ACCC.