The Commission on Protection of Competition has approved the transaction Sopharma Trading AD / Pharmastor and has imposed a pecuniary sanction

By Decision №1006/10.12.2020, the CPC unconditionally approved the acquisition of sole control over 19 retail outlets forming the Pharmastor pharmacy chain by Sopharma Trading AD.

The proceedings on file CPC/563/2020 are in connection with Decision №3495/12.03.2019 of the Supreme Administrative Court (SAC) - 3-member panel, which revoked Decision №1207/24.10.2017 of the CPC. According to the obligatory instructions of the SAC, the Commission examines the possibility for exercising control over Sopharma AD by persons indicated in the court decision.

During its investigation, the Commission established that for the period 2014-2016 Sopharma AD was subject to joint control on a factual basis. For non-fulfillment of the obligation to provide complete and accurate information under Art. 47, para. 5 of the LPC by submission of notification, as well as in the course of the proceedings on file CPC/432/2017, the CPC under Art. 100, para 3, item 3 of the LPC imposed a pecuniary sanction on Sopharma Trading AD in the amount of BGN 35 000.

The Commission assessed the concentration taking into account the control exercised over Sopharma AD, as Sopharma Trading AD is part of the Sopharma Group. After analyzing the information and documents received, the Commission considered that the concentration did not lead to the creation or strengthening of a dominant position in any of the affected vertically connected markets on which the parties to the transaction operate. The Commission concluded that the merged group could not act independently of its competitors, customers and suppliers, given the structure and characteristics of each of the analyzed relevant markets.

The full text of Decision №1006/10.12.2020 is available in the public electronic register of the CPC at http://reg.cpc.bg/.