The Estonian Competition Authority raises doubt on its discretion to initiate in-depth merger investigations (Terve Pere Apteek / Saku Apteek)

On 8 January 2008 the Director General of the Estonian Competition Authority (“ECA”) adopted a decision on the initiation of supplementary proceedings (so-called in-depth investigation) with respect to a concentration whereby Terve Pere Apteek OÜ (“TPA”) would acquire control over OÜ Saku Apteek (“Saku Apteek”). From the decision it appears that both TPA and Saku Apteek are active in the market for pharmacy services in Tallinn (i.e. the capital of Estonia) and its surrounding area. TPA owns several pharmacies around Estonia, whereas Saku Apteek owns only one pharmacy, which is located in the surrounding area of Tallinn. The market shares have been deleted from the public version of the decision. However, the decision indicates that, as a result of the concentration, the structure of