
1 
This Order may be cited as the Unichem Limited (Allotment of Shares) Order 1989 and shall come into force on 19th July 1989.
2 

(1) Unichem Limited shall not engage in the anti-competitive practice described in paragraph (2) below or pursue any other course of conduct which is similar in form and effect to that practice, except so far as provided in paragraph (3) below.
(2) 
The practice referred to in paragraph (1) above is the practice, more particularly described in paragraph 6.15 of the report of the Monopolies and Mergers Commission entitled “Unichem Limited – a report on Unichem’s arrangements and proposed arrangements for the allotment of shares in its capital” and referred to in that report as the “Share Scheme”, of allotting or agreeing to allot shares in Unichem Limited by reference to the amounts of goods and services severally acquired from Unichem Limited by the prospective holders of those shares.
(3) Paragraph (1) above shall not prohibit Unichem Limited from allotting or agreeing to allot shares by reference to amounts of goods and services acquired from Unichem Limited on or before 17th May 1989.
3 

(1) This article applies to any agreement which provides that shares in Unichem Limited will be allotted to any party to the agreement or any other person by reference to the amount of goods and services acquired from Unichem Limited after 17th May 1989 by any party to the agreement or any other person.
(2) It shall be unlawful for Unichem Limited to make an agreement to which this article applies, or to carry out any such agreement (including any agreement already in existence on the date on which this Order is made), except (in the case of an agreement made before 19th July 1989) to the extent that Unichem Limited is able to carry it out without allotting shares by reference to the amount of goods and services acquired after 17th May 1989.
4 

(1) This article applies to any agreement under which it is a condition of the acquisition or retention of membership of Unichem Limited that –
(a) the member purchases from Unichem Limited not less than a specified amount of ethical pharmaceutical products, the amount being specified by reference to a value per month greater than £3,000, or
(b) the prospective member subscribes for a number of shares greater than –
(i) two hundred for each separate premises at which he sells pharmaceutical products or
(ii) one thousand,
whichever is the less.
(2) It shall be unlawful for Unichem Limited to make an agreement to which this article applies, or to carry out any such agreement made after 17th May 1989, except (in the case of an agreement made before 19th July 1989) to the extent that the said condition is applied as if the amount referred to in subparagraph (a) of paragraph (1) above were specified by reference to a value per month not greater than £3,000 or (as the case may be) the number of shares referred to in subparagraph (b) of that paragraph were not greater than two hundred for each separate premises or one thousand, whichever is the less.
Francis Maude
Parliamentary Under-Secretary of State
Department of Trade and Industry
26th June 1989