Case details

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Anticompetitive practices
Case reference
DCC-PCC/2012/1
Entities involved
  • ANF - Associação Nacional das Farmácias
  • Farminveste - Investimentos, Participações e Gestão, S.A.
  • Farminveste 3 - Gestão de Participações, SGPS, Lda
Natural persons involved
Sector
  • Health & Pharmaceutical
Activity (NACE)
  • N829 - Business support service activities n.e.c.
Investigated practice
  • Failure to notify a merger subject to mandatory notification
Legal provisions
  • National-Law 19/2012-Article 58
Case origin
Ex-officio
Dawn raids
Cooperation with sector regulators
Status
Closed
AdC’s decision
Settlement decision
Settlement
  • ANF - Associação Nacional das Farmácias
  • Farminveste - Investimentos, Participações e Gestão, S.A.
Sanction imposed
  • ANF - Associação Nacional das Farmácias - €6,879.13
  • Farminveste - Investimentos, Participações e Gestão, S.A. - €111,958.24
Summary of the case

The case was opened following a complaint by IMS Health, Lda. filed on 18 June 2008, and in which the complainant signalled a number of indications leading to a possible unlawful implementation of a merger transaction (gun-jumping) between Consiste – Sistemas de Informação, SGPS, Unipessoal, Lda. and ParaRede, SGPS, S.A. (renamed Glintt – Global Intelligent Technologies, SGPS, S.A.).

The investigation on the facts of the case showed that the Parties’ conduct resulted in an infringement to Article 11(1) of Law 18/2003 (Portuguese Competition Act). As a result, the Parties’ were fined accordingly, under Article 43(1) §b) of Law 18/2003 and Articles 69(2) and 68(1) §f), both of Law 19/2012, of 8 May.

On 3 April 2014, the Parties submitted a proposal for a settlement, reviewed on 11 June 2014.

The Board of the Competition Authority decided to accept the submitted proposal for settlement, taking into account the Parties’ admission of the facts and consequent assumption of responsibility, as well as for reasons of procedural economy, while safeguarding the goal of infringement prevention as a result of an enforceable decision.

As a result, and following a reduction of 1/3, ANF was fined €6 879,14 and Farminveste, S.A. €111 958,24. Farminveste 3 was not fined since during the legal reference period for determining the amount of the fine it generated no turnover.

Timeline
2014-06-26
AdC's decision (in Portuguese)
2012-03-23
Statement of objections - -
2012-01-12
Case initiation
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