MERGERS: AMO SR approved the merger of the undertakings Falck SK, a. s., and Falck Emergency, a. s.

30.07.2019
On 12 July 2019 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter “the Office”) approved the merger grounded in the acquisition of direct exclusive control of the undertaking Falck SK, a. s., Bratislava (hereafter "Falck SK") over the undertaking Falck Emergency, a. s., Bratislava (hereafter "Falck Emergency").  
 
The group of the undertakings, which includes the undertaking Falck SK, provides assistance, rescue, medical, training and other healthcare services worldwide. In Slovakia, it operates through the undertakings ALK Slovakia, s.r.o., Bratislava (the sale of medicines for allergy immunotherapy) and LUNDBECK Slovensko, s.r.o., Bratislava (the sale of medicines for the treatment of Alzheimer's disease, Parkinson's disease, affective disorders and psychoses) and also through the undertaking Falck Emergency, over which it performed joint control together with the undertaking KPR Health Invest, a.s., Hradec Králové, the Czech Republic.
 
Falck Emergency carries out business activities exclusively through its controlled undertakings, namely: Falck Záchranná, Falck Healthcare, Falck Fire Services and Falck Security Services.
 
The case concerned is the type of a merger, which, from the point of view of its form and character, is normally assessed with a simplified justification, since this is the acquisition of exclusive control of the undertaking, which, prior to the merger, controlled the acquired entity, jointly with a third party.
 
In terms of the horizontal effects of the merger in question, there is no change of competition conditions, as the group of the acquirer of the exclusive control (Falck SK) in the territory of the Slovak Republic operates in the business areas of the group of the acquiree only through the acquiree (Falck Emergency) and its controlled undertakings.
 
In terms of non-horizontal effects of the merger in relation to: the supply of medicines (Falck SK through ALK Slovakia and LUNDBECK Slovakia) on one hand and the provision of healthcare services on the other hand (the provision of outpatient healthcare and the provision of public pharmacy services by Falck Emergency), with regard to the scope of activities of Falck Emergency in the area of ​​the provision of healthcare services, the Office did not identify negative competition effects of the merger in question.
 
After evaluating documentation and information obtained, the Office came to the conclusion that the merger assessed is in accordance with the Article 12 Paragraph 1 of the Act on Protection of Competition, as it does not significantly impede effective competition on the relevant market, in particular as the result of the creation or strengthening of dominant position.
 
The decision came into force on 15 July 2019.
Last update:30.07.2019