COMP/M.5661 - Merger Procedure Article 6(1)(b) Decision in Conjunction with Article 6(2)

Oct 28, 2026

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Published public-version merger procedure decision issued by the European Commission under Regulation (EC) No 139/2004. The document concerns Case No COMP/M.5661-ABBOTT/ SOLVAY PHARMACEUTICALS and describes the notification and the acquisition whereby Abbott obtains sole control of Solvay Pharma. It outlines the parties, the transaction’s legal basis, the assessment framework including community dimension, market definition approach for finished dose pharmaceuticals, and prior Commission market-classification methodologies, with some business-secret omissions.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages58

Reading Time2 h 26 min

AccessFree to download

Case Overview

Parties and the Operation

Community Dimension

Assessment

Relevant Product and Geographic Markets

EN Case No COMP/M.5661 -ABBOTT/ SOLVAY PHARMACEUTICALS Only the English text is available and authentic. REGULATION (EC) No 139/2004 MERGER PROCEDURE Article 6(1)(b) in conjunction with Art 6(2) Date: 11/02/2010 In electronic form on the EUR-Lex website under document number 32010M5661 Office for Publications of the European Union L-2985 Luxembourg EUROPEAN COMMISSION In the published version of this decision, some information has been omitted pursuant to Article 17(2) of Council Regulation (EC) No 139/2004 concerning non-disclosure of business secrets and other confidential information. The omissions are shown thus […] and marked with an asterisk. Where possible the information omitted has been replaced by ranges of figures or a general description. Brussels, 11.02.2010 SG-Greffe(2010)/2033 C (2010) 950 PUBLIC VERSION MERGER PROCEDURE ARTICLE 6(1)(b) DECISION IN CONJUNCTION WITH ARTICLE 6(2) To the notifying party Dear Sir/Madam, Subject: Case No COMP/M.5661-ABBOTT/ SOLVAY PHARMACEUTICALS Notification of 15 December 2009 pursuant to Article 4 of Council Regulation No 139/20041 1. On 15/12/2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (the "EC Merger Regulation") by which Abbott Laboratories ("Abbott"), US acquires, within the meaning of Article 3(1)(b) of the EC Merger Regulation, sole control of the pharmaceuticals business of Solvay S.A. ("Solvay Pharma"), Belgium by way of purchase of shares. I. THE PARTIES AND THE OPERATION 2. Abbott is a global healthcare company headquartered in the US and listed on the New York, London and Swiss Stock Exchanges. Abbott has four main businesses: (1) pharmaceutical products, (2) nutritional products, (3) diagnostic products, and (4) medical devices. 1 OJ L 24, 29.1.2004 p. 1. Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel-Belgien. Telefon: (32-2) 299 11 11. 3. Solvay Pharma is the pharmaceuticals division of Solvay S.A. ("Solvay"), headquartered in Belgium. Through the acquisition of the Belgian biotechnological company, Innogenetics, in 2008, Solvay Pharma also acquired activities in the diagnostics field. 4. On September 26, 2009, Abbott and Solvay entered into a Stock and Asset Purchase Agreement pursuant to which Abbott will acquire substantially all of Solvay Pharma, in exchange for all-cash consideration. As a result of the Transaction, Solvay Pharma will become part of Abbott’s pharmaceutical products group. 5. The transaction therefore constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation II. COMMUNITY DIMENSION 6. The undertakings concerned have a combined aggregate world-wide turnover of more than EUR 5 billion2 (Abbot EUR 20,000 million; Solvay EUR 2,700 million) . Each of them has a Community-wide turnover in excess of EUR 250 million (Abbott EUR -[…]*; Solvay […]*), but they do not achieve more than two-thirds of their aggregate Community-wide turnover within one and the same Member State. 7. The notified operation therefore has a Community dimension pursuant to Article 1(2) of the EC Merger Regulation. III. ASSESSMENT Relevant product and geographic markets Finished dose pharmaceuticals 8. The Commission has analysed markets for existing pharmaceutical specialties in previous decisions.3 According to the Commission, the market for existing pharmaceutical specialities can be classified into therapeutic classes by reference to the Anatomical Therapeutic Chemical Classification ("ATC") devised by the European Pharmaceutical Marketing Research Association ("EphMRA") and maintained by EphMRA and Intercontinental Medical Statistics ("IMS") . 9. The third level, referred to as ATC3, allows medicines to be grouped according to their therapeutic indications (i.e. their intended use) and is generally taken as the starting point for the product market definition in competit

FAQs

What transaction is notified in Case No COMP/M.5661-ABBOTT/ SOLVAY PHARMACEUTICALS?

Abbott acquires sole control of Solvay Pharma by purchasing shares, resulting in Solvay Pharma becoming part of Abbott’s pharmaceutical products group.

Which legal framework and articles govern the merger procedure in this decision?

The decision is issued under Regulation (EC) No 139/2004, with references including Article 6(1)(b) in conjunction with Article 6(2).

How does the Commission approach defining relevant product markets in finished dose pharmaceuticals?

The Commission uses existing market analyses and classifies pharmaceutical specialties by therapeutic classes based on the ATC system, while noting that other levels (e.g., ATC4 or molecule) may be appropriate depending on circumstances.

Oct 28, 2026

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