(This note is not part of the Order)

This Order—

a

prohibits AAH Holdings plc and its subsidiaries from soliciting custom from former customers in Grampian and Highland regions of Medicopharma NV or its subsidiaries, except where both Medicopharma (or a subsidiary) and another person had supplied the customer and the custom being solicited is that enjoyed by that other person;

b

requires them to maintain the value of the assets of Medicopharma or its subsidiaries in Grampian and Highland which they have already acquired and to keep them separate so that they can be disposed of; and

c

prohibits them from supplying goods to the former customers mentioned in (a) above upon terms more favourable than the terms upon which they supply goods to other customers in Scotland.

The Order is made with a view to achieving the purpose of an order which the Secretary of State has under consideration for remedying or preventing the adverse effects specified in the report of the Monopolies and Mergers Commission entitled “AAH Holdings plc/Medicopharma NV— a report on the merger situation” (Cm. 1950, obtainable from Her Majesty’s Stationery Office).

The Merger Reference (Medicopharma NV and AAH Holdings plc) Order 1991 and the Merger Reference (Medicopharma NV and AAH Holdings plc) (Amendment) Order 1991 are revoked. The effect of those Orders, limited to Grampian and Highland, is reproduced in articles 3 and 4 of this Order.