The Patent and Market Court of Appeal has overturned the Swedish Competition Authority’s (SCA) decision to block Apotekstjänst’s acquisition of Svensk Dos, clearing the way for the transaction to proceed.
In April 2024, the SCA prohibited the deal, citing concerns over increased concentration in the outpatient pharmacy sector, where both companies provide machine-based dose dispensing services. The Authority argued that the acquisition would reduce competition in a market already dominated by only a few players, ultimately harming customers through poorer terms and offers in public procurements.
Apotekstjänst appealed, but the initial ruling from the Patent and Market Court upheld the prohibition. However, on further appeal, the Patent and Market Court of Appeal reached a different conclusion, finding that the transaction was unlikely to significantly harm competition in the market for outpatient dose dispensing services in Sweden.
Marie Östman, Director General of the Swedish Competition Authority, acknowledged the importance of receiving guidance from the highest instance and said the Authority would study the ruling to understand its implications for future merger reviews.
The court’s decision is final and cannot be appealed.
