Cade approves the acquisition of products from the brand Buscopan by Hypera, with restrictions
Extraordinary judgment session
This Thursday (30 July), the Administrative Council for Economic Defense (Cade) approved with restrictions the acquisition, by the pharmaceutical company Hypera, of the business of development, manufacture, commercialization, marketing, distribution and sale of the Buscopan range of products in Brazil, which is currently owned by Boehringer Ingelheim International. The transaction was restricted to the signing of a Merger Control Agreement.
The Rapporteur Commissioner, Luis Henrique Bertolino Braido, explained in his vote that the transaction, as submitted to Cade, could potentially increase market concentration in the market of antispasmodic combined with analgesic. In this sector, the Boehringer Ingelheim holds the medicines Buscopan Composto and Buscoduo, whereas the Hypera operated the medicine Neocopan Composto.
Therefore, in order to address the mentioned concern, it was established in the agreement that Hypera should sell its shares in this market with the sale of medicine. The transaction resulted in the Merger no. 08700.002536/2020-36, approved by Cade on 9 June 2020, in which the company União Química purchased the brand name of the Neocopan Composto, as well as the sanitary certificate and the necessary knowhow for the product manufacturing process.
With the Merger Control Agreement, Hypera also commits to a series of behavioral obligations, including working to the best of their abilities to complete, as quickly as possible, the transference of businesses, records and any other assets deemed necessary for the production of Neocopan Composto.
“Since the Merger Control Agreement ensures, among other aspects, the referred terms, I understand that the agreement is effective to remove the concerns resulting from the transaction," concluded the rapporteur.
Access the Administrative Proceedings 08700.001226/2020-02.