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Suja Nair Shirodkar June 30 , 2016
Industry expressed huge relief over the government’s decision to relax foreign direct investment (FDI) norms for pharma, as it is expected to open up better business opportunity for the sector. Experts stressed that this comes as a much-needed reprieve for the industry, which was finding it increasingly difficult to attract FDI through new investment due to the various riders placed by the government to control proposals seeking to invest beyond 49 per cent in brownfield projects. Through a recent notification, the government allowed 100 per cent FDI in pharma, and 74 per cent FDI under automatic route for brownfield pharma projects, from previous 49 per cent.

A highly placed source pointed out that due to Center's position limiting FDI in brownfield investment, the investors have been apprehensive about venturing into any mergers and acquisition with any Indian pharma companies.

“We are pleased that after repeated representations, the Centre has agreed to allow FDI into the sector. This will now ensure a smooth passage for the big pharma cos or financial investors to invest in Indian drug companies through M&A route by buying up to 74 per cent equity stake without any prior clearances from the government,” informed Viranchi Shah, vice chairman of the Indian Drugs Manufacturer's Association- Gujarat State Board.

The Centre's decision previously to allow 100 per cent FDI in greenfield projects in pharma was hardly of any help, as it was not able to garner any momentum, due to it being subjected to scanning by the FIPB.

MNCs and investors needed approval from the FIPB under the department of industrial policy and promotion, which was a huge challenge for the sector. Especially since they had to through red tape and other hurdles to get requisite approval for investments from the FIPB till now, keeping potential investors at bay. Now that the investors can do so through the automatic route, it is sure to garner right attention stressed Shah.

The years between 2007-2010 had seen a spate of pharma M&As starting with US based Mylan’s acquisition of 71.5 per cent stake in Matrix Laboratories in 2007 for a cash and stock deal of US$ 736 million. Followed by France based Sanofi Aventis takeover of Hyderabad-based vaccine maker Shantha Biotechnics, in 2009 when it bought 80 per cent stake in the company for around Rs. 3,000 crore. Interestingly, it has since then gradually increased its stake in the company.

This was later followed by the acquisition of Piramal Healthcare’s branded generics business by the US based Abbott in 2010 for US$ 3.72 billion, the last deal finalized in the country, cleared through the automatic route; followed by the US based Mylan’s acquisition of Agila Specialties a generic injectable drug manufacturer for $1.6 billion in cash in 2013. However, since then there has been a lull in M&A activities partially due to strict government policies, observed experts.

It is believed that the government had earlier limited FDI in brownfield projects to control the spate in the acquisition of domestic manufacturers by multinationals, fearing rise in the price of drugs in the country.

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