EUROPEAN COMMISSION DG Competition

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 13/09/2016

In electronic form on the EUR-Lex website under document number 32016M8193

EUROPEAN COMMISSION

Brussels,13.9.2016 C(2016) 5901 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying party:

Dear Sirs,

1.On 19/08/2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Teva Pharmaceuticals Industries Ltd. (Teva, Israel) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Anda Distribution Business (Anda, US), currently held by Allergan plc, by way of purchase of shares.

The business activities of the undertakings concerned are:

-– Teva is an Israeli pharmaceutical company active in the development, manufacturing, marketing, sale and distribution of generic and proprietary pharmaceutical products, biopharmaceuticals and active pharmaceutical ingredients worldwide.

-– Anda is a distributor of generic, brand, specialty and over-the-counter pharmaceutical products to retail independent and chain pharmacies, nursing homes, mail order pharmacies, hospitals, clinics and physicians' offices. Its activities and turnover are limited entirely to the US.

1OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of 'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used throughout this decision.

2OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').

3Publication in the Official Journal of the European Union No C 313, 27.8.2016, p. 23.

Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË

Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.

3.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.

For the Commission

(Signed) Johannes LAITENBERGER Director-General

4OJ C 366, 14.12.2013, p. 5.

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