ACT Healthcare Assets Proprietary Limited and Activo Health Proprietary Limited

CC CASE NUMBER: 2018Dec0006

 

On 26 February 2019, the Competition Commission of South Africa (“Commission”) approved a merger transaction between ACT Healthcare Assets Proprietary Limited and Activo Health Proprietary Limited under case number: CC 2018Dec0006 (“the transaction”). The Commission approval required that:

Within 20 (twenty) Days of the Implementation Date, the Merging Parties shall
publish the Conditions on the Target Firm website in order to promote awareness
of the Conditions amongst competing Wholesalers. The Conditions shall remain
available on the Target Firm website for a period of 90 Days from the date the said
Conditions are first published on the Target Firm website.

On 1 May 2019 the merging parties implemented the merger transaction.

NOW THEREFORE TAKE NOTICE that it is hereby published the merger conditions, pursuant to the merger implementation as follows:
1. The Merging Parties shall, for a period of 5 (five) years from the Implementation Date procure that:

1.1 Activo Healthcare Proprietary Limited (“Target Firm”) shall continue to provide competing Wholesalers with access to the Target Firm‘s Atazor 300mg, an ARV product used for the treatment of HIV and Aids, on commercially reasonable and non-discriminatory terms.
1.2 The Target Firm shall ensure that its logistic fee for the supply of Atazor 300mg, to competing Wholesalers is on commercially reasonable and non-discriminatory terms.
1.3 For the sake of clarity, the Target Firm shall not supply Atazor 300mg to competing Wholesalers on terms and conditions which are less favourable (in respect of pricing, timelines and security of delivery) than that the Target Firm supplies to
Curasana Wholesalers Proprietary Limited and/or any other entity directly or indirectly controlled by Afrocentric Investment Corporation Limited.

 

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Activo Health (Pty) Ltd • Reg. No. 2009/009541/07

Business Opportunity Scheduled Products Healthy Living Range