Glaxo Wellcome Plc and Another v Competition Commission of South Africa
Glaxo Wellcome Plc and Another v Competition Commission of South Africa [2000] ZACT 33 (28 July 2000)
The Tribunal found that the merger would result in high combined market shares in three therapeutic categories: anti-virals (excluding anti-HIV), topical anti-biotics, and anti-emetics. To address competition concerns, the merging parties voluntarily undertook to out license specific products in each category, ensuring that the merged entity would inherit only one party's market share in those markets. The Tribunal accepted these undertakings as sufficient to mitigate anti-competitive effects. Public interest concerns raised by the Treatment Action Campaign regarding HIV/AIDS medicines were i…
Source excerpt
- Intermediate Merger
- Market Share Analysis
- Out Licensing Conditions
- Public Interest Considerations
- Product Market Definition