BioMarin / Amicus Pharmaceutical Merger Phase 1 Investigation
Summary
The European Commission has accepted notification of a proposed merger between BioMarin Pharmaceutical and Amicus Therapeutics, both pharmaceutical companies engaged in manufacturing, wholesale distribution, R&D, and health activities. The case has been assigned Phase 1 investigation status under the simplified procedure, with a provisional deadline of 17 April 2026 for Commission decision.
What changed
The European Commission formally accepted notification of the BioMarin Pharmaceutical / Amicus Therapeutics merger on 10 March 2026, triggering review under Council Regulation 139/2004. The Commission issued an Art. 4(5) referral decision on 19 February 2026 and an Art. 6(1)(b) decision on 1 April 2026, placing the case in Phase 1 simplified procedure. The transaction involves economic activities in pharmaceutical manufacturing (NACE 21.20), wholesale trade (NACE 46.46), R&D (NACE 72.10), and health services (NACE 86.9).
The case remains ongoing with a provisional decision deadline of 17 April 2026. Both companies should prepare for potential Phase 2 investigation if the Commission identifies competition concerns during initial review. Third parties with relevant information may submit observations to the Commission during this period.
What to do next
- Monitor EC case tracker for updates on Phase 1 decision by 17 April 2026
- Prepare preliminary assessment of competitive overlap if required by Commission remedy requests
- Consider notifying national competition authorities in member states where operations overlap
Source document (simplified)
M.12314
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BIOMARIN PHARMACEUTICAL / AMICUS THERAPEUTICS
Companies: BIOMARIN PHARMACEUTICAL | AMICUS THERAPEUTICS Last decision date: 01.04.2026 Case type: Merger Investigation phase: 1 Regulation: Council Regulation 139/2004 Notification date: 10.03.2026 Provisional deadline: 17.04.2026 Economic activities: C.21.20 - Manufacture of pharmaceutical preparations (NACE Rev. 2.1) G.46.46 - Wholesale of pharmaceutical and medical goods (NACE Rev. 2.1) N.72.10 - Research and experimental development on natural sciences and engineering (NACE Rev. 2.1) R.86.9 - Other human health activities (NACE Rev. 2.1) Decisions Art. 6(1)(b) of 01.04.2026 Art. 4(5) - Referral of 19.02.2026 Other case related information Publication in the OJ: OJEU C/2026/1745 of 17.03.2026 Description of the concentration of 11.03.2026: EN published on 12.03.2026
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