Novartis-GSK
business deal gets CCI nod
The Competition Commission of India (CCI) has
approved a multi-billion dollar deal between global pharma giants
GlaxoSmithKline Plc (GSK) and Novartis, as it did not find the transaction to
be anti-competitive in India.
In
its order dated 12 December, the fair trade watchdog said it is of the opinion
that the "the proposed combination is not likely to have appreciable
adverse effect on competition in India".
The
three-part deal involves UK-based GSK acquiring the Swiss major's vaccine
business and the latter purchasing GSK's cancer drugs portfolio, in a $16
billion deal.
The
deal also involves purchase of the global human vaccines business of Novartis
(excluding its influenza vaccines business) by GSK for an estimated of $7.1
billion.
Besides,
the two drug majors have agreed to form a consumer healthcare joint venture in
which GSK will own 63.5 per cent stake and Novartis the remaining 36.5 per
cent.
GSK
would contribute its global consumer health care business to the joint venture.
This, however, would not include its consumer healthcare business in India.
Novartis
will transfer its over-the-counter consumer healthcare business to the JV
except for its products that are managed by and reported for financial purposes
within Novartis' pharmaceutical division, Alcon division and Sandoz division.
CCI
said "the negligible presence" of GSK and Novartis and "the
presence of significant competitors, the vaccines transaction is not likely to
result in appreciable adverse effect on competition in the market in
India".
The
regulator also observed that the presence of significant competitors in
consumer healthcare segment does not cause concerns in relation to the proposed
JV.
For
the cancer drug portfolio, CCI observed that "there are no overlaps
between the pipeline oncology products of the parties".
In
India, GSK has been active through its various subsidiaries like Biddle Sawyer,
GSK Asia, GSK Consumer Healthcare and GSK Pharmaceuticals.
Novartis
is present in India through four entities - Novartis India, Novartis
Healthcare, Sandoz Private Ltd and Chiron-Behring Vaccine Private Ltd.