7-87-8//20082008 July/AugustJuly/August Pharma Merger Catalysis Will Daiichi-Sankyo THE NEWSPA PER 90 % of today’s chemical buy Ranbaxi? processes are based on Pfizer with Competing Bid? F O R T HE C HEMICAL A N D catalytic chemical reactions Page 6 LIFE SC IENC ES MA RKET S Page 10 POWERED BY Making Business Better Elemica Helps Companies Improve Supply Chains Connect One, Connect CHEManager Europe: The B2B our clients. And when of a transaction – for companies solve those prob- of having been founded by chem- All – Back in August 1999, online market went through a those solutions example, the order lems pre-emptively, before they ical companies? dramatic consolidation period in are implement- and the invoice, become a problem in the supply when much of the world was the years following the creation ed at scale, it or the logistics chain. M. McGuigan: It comes from a worried about the impending of Elemica. Many B2B portals ensures our booking and number of things. We’re not Newsflow came on the scene, but Elemica success. It’s the logistics Does Elemica face competition? about technology – we’re about fictitious Y2K virus, 22 chemical is one of the only ones that sur- just like with documents delivering efficiency in the sup- Boehringer Ingelheim said it has companies were busy thinking vived. any other – and help M. McGuigan: There are cer- ply chain. All of the elements agreed to take over U.S. company business: If our clients tainly other companies that do needed to do so were put into Actimis Pharmaceuticals Inc. for up to past the year 2000. Frustrated M. McGuigan: I think somebody your clients then deliver electronic business integration, Elemica. We also have the proc- $515 million, to bolster its research with the extra costs and errors counted at that time 200 differ- are success- a more reli- both within the chemical indus- ess knowledge, understand sup- into respiratory diseases, one of the ent companies in the chemical ful, then so able transac- try and within other industries. ply chain operations, and what drug maker’s main areas of business. caused by inefficient supply industry that were trying to do are you. tion. Through However, we consider ourselves we do is designed to drive im- The purchase will be carried out in chains, the companies created something similar, and pretty In other content vali- unique, particularly with our provement within supply chains. gradual steps and Boehringer will much all of those have failed. words: We under- dation and the “connect one, connect all” The company was founded with pay the full price and buy all of Actimis Elemica. stand the business early identifica- factor. Once you connect into the intention of driving reliabil- shares if its experimental asthma Why? context of what we tion of problems, Elemica, you can work with any ity in the supply chain and not treatment AP768 progresses from The company was one of the are moving around. we can help other company in the network. with the notion, “Hey, we’ve got the first phases of testing on humans first networks to offer total M. McGuigan: Many of the com- We can link up dif- Other companies then can move some IT technology; let’s imple- to the third and final phase, the solutions focused on improv- panies that were founded didn’t ferent parts the information around elec- ment it somewhere.” companies said in a joint statement. ing supply chain inefficiencies really have solutions or a work- tronically, but they don’t know Actimis will in the meantime, receive with a one-stop experience. ing business. They also didn’t what they are moving from Your core customer basis is the milestone payments for reaching Its global neutral information have basic products, and there a business standpoint, chemical industry. Are you ac- certain research goals, Boehringer’s network built to facilitate the was no real differentiation. which means they can’t tive in other industries as well? spokeswoman Judith von Gordon said, order processing and supply eliminate errors the way declining to provide further financial chain management of contract What did Elemica do differ- we are able to. M. McGuigan: Last year, about details. and repeat chemical transac- ently? $50 billion of business went “The main reason (for the deal) tions. Brandi Schuster spoke to Does this understanding through Elemica in one form or was to secure the rights” to AP768, Elemica CEO Mike McGuigan M. McGuigan: The solutions come from the background another. The chemical industry von Gordon said, adding that the about how the company man- that we have deliver real buys and sells with every other contract allows Boeh ringer to share aged to prosper when the com- value. The solutions we industry; we can say that every the risk in trying to bring the drug to petition failed, and his plans for developed actually trans- Mike McGuigan market with Actimis’ current owners. future growth. lated into real savings for CEO of Elemica Continues Page 4 The deal marks the first takeover of a biotechnology firm for Boehringer, which has remained family-owned since it was founded in 1885. Actimis was created from a former respira- tory diseases research programme of Company Investigations Bayer’s healthcare division in 2004. It was founded by Kevin Bacon, a How Staff Has to Cooperate former Bayer research executive, and financed by a group of buyout firms Bribery, Cartels, Fraud or In general, employees have incriminate himself. Un- suspicious employees are not European law provides for a lead by Sanderling Ventures of Califor- Tax Evasion – Whatever the to cooperate in the course of in- like the Anglo-American obliged to disclose self-incrimi- leniency application, whereby nia and Mitsui & Co. Venture Partners ternal investigations, regardless legal system, the results nating evidence within internal the first company to notify the of New York. Boeh ringer is seeking occasion, there will be more and whether they are conducted by of such a self-incriminat- investigations. authorities about a cartel can to boost research into respiratory more company raids and inter- the company’s own internal au- ing interview could be get away without a penalty, if diseases, one of its seven main areas dit department or by external utilized by government Amnesty Program they fully cooperate with the of drug development, trying to build nal investigations in corporate auditors hired by the company. authorities in a poten- authorities. In such a situa- on the success of its best-selling drug Germany. What obligations do Naturally, the questions must be tial criminal litigation In conducting internal investi- tion, it is paramount to rely on Spiriva, an inhalant that generated limited to the scope of the inves- against this employee gations, some companies tend those employees who have been €1.79 billion in sales last year. company staff have in the course tigation, which is to throw light later, although he would to offer an amnesty program closely involved in the cartel. of such investigations? on the suspicions and charges. be entitled to remain si- to employees. It works as fol- For this reason they might face DSM said it will start the sale process lent regarding these top- lows: The employee signing up employment sanctions them- of three non-core businesses in Sep- Interviews With Employees ics in court proceedings. for the program has to fully co- selves. A company applying tember as it announced the restruc- When a government authority In other words, by inter- operate and particularly report for leniency, however, is well- turing of its activities in Geleen, the conducts investigations against In addition to analyzing paper viewing the external au- any own wrongdoings and those advised to amicably agree with Netherlands. The reorganization will the company, the company’s documents and electronic files, ditors of the internal in- of other colleagues. In return, the employee to give full disclo- see the site services and manufac- employees have to comply with it is useful to conduct interviews vestigation a prosecutor the company waives the right to sure of the facts relevant for the turing services grouped into a new what is asked by the authori- with at least parts of the com- could obtain self-incrim- dismiss the employee for these cartel. Such an agreement will company, which will become fully ties, or by the company. Such pany’s employees. Interviewing inating evidence about charges or to claim any dam- usually be a cancellation agree- operational in January. No job cuts are obligation results from the the “bland” employees without an employee by hearing ages. Such amnesty programs ment with an extended termina- anticipated, DSM said. The reorgani- inherent duties of an employ- personal involvement in the the external auditor of an have proven to be effective in tion date. ment. A different and more in- charges does not give rise es- internal investigation as bringing more employees to dis- zation is part of DSM’s plans to sell its Dr. Mark Zimmer teresting question is, whether sential legal problems: Such a witness, although this close useful information. Also, it Data Protection Issues fertiliser, melamine and elastomers German attorney and Certified Expert in Labor Law business groups as it shifts towards and to what extent employees employees have to fully coop- information would never will avoid litigation with the re- becoming a life and materials sci- are obliged to cooperate within erate and answer questions employees are also obliged vis- have been obtained if the pros- spective employees, which can In the course of an internal ences company as part of its Vision the course of internal investiga- regarding their jobs and their à-vis the company to answer ecutor had asked the suspect di- help to create a more peaceful investigation, the auditors 2010 strategy.