sun pharma case study upgrad

Indian Journal of Law and Legal Research ISSN: 2582-8878 | PIF: 6.605 Indexed at Manupatra, Google Scholar, HeinOnline & ROAD

Indian Journal of Law and Legal Research

• Dec 12, 2021

Sun Pharma - Ranbaxy: Combination Case Study

Sakshi Gupta, Assistant Professor at Maharashtra National Law University Aurangabad

Indian pharmaceutical companies hold considerable advantage over foreign pharmaceutical manufacturers in terms of cost-effectiveness of manufacturing processes as well as research and development.

Sun Pharmaceutical Industries Limited (“Sun Pharma”) and Ranbaxy Laboratories Limited (“Ranbaxy”) set the Indian pharmaceutical industry abuzz with excitement on April 6, 2014 when they released a press statement announcing that they had entered into definitive documents under which Sun Pharma would acquire 100 percent of Ranbaxy.1 The combined entity is now the fifth-largest specialty generics company in the world and the largest pharmaceutical company in India. The scale of operations of the resulting entity is massive, with operations spanning across 65 countries and 47 manufacturing facilities across 5 continents, as well as a sizeable portfolio of specialty and generic products sold across the world, including 629 abbreviated new drug applications. (“ANDAs”)

The Competition Commission of India (“CCI”) by way of its order dated December 5, 2014 approved the Transaction subject to satisfaction of certain conditions. Thus, the transaction has the potential to give rise to a formidable force in pharmaceutical manufacturing leading to wider presence and broader product portfolio. This paper analyzes in detail, the competition law considerations behind the transaction.

• Volume III Issue II

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ISSN: 2582-8878

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13 A Good Strategy for Growth? A Case Study on Merger of Sun Pharma and Ranbaxy

• Published: August 2022
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Sun Pharmaceuticals Industries acquiring Ranbaxy Laboratories to be counted as a significant global supplier and leaders of generic medicine. Their deal has been strictly securitized by national and international regulators. Ranbaxy’s four plants were prohibited from selling drugs in USA for reporting false data of loss to seek approval from FDA. Ranbaxy being significantly valued was eyed by two equity funds and one MNC apart from Sun. Ranbaxy’s portfolio of India alone was $2 billion and with a merger valued at $3.2 billion. Ranbaxy’s export revenue is already under stress following regulatory woes in the United States, the company’s biggest export market. Sun Pharma’s efforts towards resolving Ranbaxy’s regulatory issues with the FDA can help the Mumbai-based drug maker reap lucrative results in the coming years. The giant joint venture needs to face the challenge of Competition Commission of India (CCI) approval as it is bigger in assets and turnover than the CCI limit to chalk out an existence in the domestic market.

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SUN Rises from RANBAXY: Supply Chain Strategy of an Indian Pharmaceutical Company

• First Online: 05 September 2018

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• Sushmera Manikandan 3 &
• Balan Sundarakani 4  

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The case study critically examines the supply chain strategy of ‘SUN pharma’ company and its acquisition strategy of Ranbaxy. The case illustrates the story of the mergers and acquisition from a supply chain theory point of view and thereby states how SUN has moved forward from its regional presence to global expansion.

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Swiss Business School, Zurich, Switzerland

Sushmera Manikandan

Faculty of Business, University of Wollongong in Dubai, Dubai, UAE

Balan Sundarakani

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Correspondence to Sushmera Manikandan .

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University of Wollongong in Dubai, Dubai, United Arab Emirates

Arijit Sikdar

Vijay Pereira

Appendix 1: Mission, Vision, and Values of Sun Pharma

( Source Sun Pharma 2017 )

Teaching Note

Synopsis of the Case

Teaching Purpose and Objectives

The case aims to aid teaching concepts and applications of subjects such as Supply Chain strategy, Operations strategy, and Strategic Management and to enrich concepts related but not limited to business Strategy, supply network expansion strategy, competitive analysis and omni - channel strategy.

Discussion Questions and Analysis

Assess the supply chain strategy development process for Sun Pharma and justify their alignment.

Propose an appropriate supply chain strategy that Sun Pharma should play for their products.

Should Sun Pharma focus more on a pull supply chain strategy rather than the current push strategy?

Should Sun Pharma have a cultural adaptation for the expansion of business for the new markets?

Using the theory of ‘Bottom of Pyramid’ by C.K Prahalad, Debate how should Sun Pharma target the Indian rural market by opening up company owned stores in the rural areas?

Did Dilip Shanghvi manage to turn around Ranbaxy after the take over?

What was Sun Pharma’s rationale for acquiring Ranbaxy, despite the troubles faced by Ranbaxy in foreign markets?

Supply chain strategy of any company must be developed in consistency with an organizational strategy and its functional strategies. This process starts from developing the core vision and mission of a company and relate them with the operational implementation aspects. In theory, it consists of strategy formulation, strategy implementation, and strategy evaluation as exhibited in Fig.  7 . The essence of strategy formulation is an assessment of whether an organization is doing the right things and how it can be more effective in what it does. Regular reappraisal of strategy helps management avoid complacency.

( Source Authors)

Supply chain strategy formulation and implementation framework

Students are expected to apply the strategy development theoretical framework of Fig.  7 in the context of Sun Pharma. This can be assessed in terms of Sun Pharma vision, mission, and value proposition statement to be able to see how realistic they are. Once the organizational strategy is generated, this must be translated into its functional strategy in order to evaluate the performance outcomes of its generic and specialty medicines. For sun pharma, its ‘sunology’ idea fits very well to their core value and, therefore, can sustain their competitive advantage very much.

Supply Chain strategy development process starts from identifying the nature of product through product uncertainty and then comparing with the supply chain capabilities as proposed by Chopra and Meindl ( 2017 ) framework. For pharmaceutical products, the uncertainty is somewhat moderate to high and, therefore, the recommended supply chain strategy is to play with a highly responsive supply chain together with little degree of efficiency embedded in the pharma supply chain processes as illustrated in Fig.  8 .

( Source Chopra and Meindl 2017 framework)

Supply chain strategy alignment with product uncertainty

Should Sun Pharma focus more on pull supply chain strategy rather than the current push strategy?

Theoretically, the push supply chain process involves supply delivery in anticipation to any customer order whereas the pull supply chain process is of reacting to the customer order. For pharma company industry in general, pull supply chain strategy ensures ‘just in time’ delivery and this mechanism require distribution capital investment and or 3PL outsourcing. In the case of Sun pharma, the stages are very much into pull from supplier to manufacturer and push from Manufacturer to retailer and pull again from retailer, pharmacies, and clinics to patients as end users. Since supplier orders the medicines to the production units based on raw materials or Active Pharmaceutical Ingredients (API) from various global vendors and local vendors with their ethical purchasing generic operating procedures, pull supply chain ensures more responsiveness and thus lead to a very high supply chain cost. However, for industry leader such as Sun Pharma cost pressures can offset supply chain speed.

Should Sun Pharma have a cultural adaptation for the expansion of business into any new markets?

Yes, very much likely Sun should have a cultural adaptation for any new market such as Africa, Middle East, and South America where cultural requirement place very dominant role for any business’s success. Students, therefore, should be able to relate the cultural differences of these countries or any new markets while proposing recommendations.

Students can be suggested to research about the ‘Bottom of Pyramid’ population through BMI Research, World bank data and Sun Pharma industry performance. According to BMR Research (2017), Fig.  9 below details the population pyramid of Indian in 2017 and the change in the structure of the population between 2017 and 2050. Table below shows the key metrics such as population ratios, the urban/rural split and life expectancy between 1990 and 2025, which needs to be considered to target tapping the bottom of the pyramid demand. Since the purchasing power of the rural segment is less as compared to Urban population, Sun should devise a more Integrated health care services while opening up stores in the urban areas. Perhaps, partnerships with Government, Medical Colleges, Educational Institutions, association of Indian Industry, and other like agencies, Sun Pharma could reach out to the bottom of the pyramid (see Table  2 ).

Source World Bank ( 2017 ) and BMI ( 2017 )

India population pyramid, 2017 (LHS) versus 2050 (RHS).

Yes, very much successful through the takeover. For example, before merge, Ranbaxy used Aqua Logistics services to track and trace the shipments in order to avoid distribution centers at various overseas and domestic locations by keeping track of the current position of the shipment dispatched by it. Since customer is the King or the key success of Ranbaxy in which thousands of Ranbaxy customers from more than 104 countries served more than 4000 Stock Keeping Units (SKUs) manufactured either at Ranbaxy’s manufacturing facilities or at various other outsourced, but coordination found to be difficult among their supply chain stages. After the acquisition, Sun pharma introduced, supply chain integration system provided by SAP, which acts as the digital backbone of the chain providing on line information to the customers and the organization. To enhance global supply chain capability Sun Pharma, used Radio Frequency Identification (RFID) technology replacing their bar coding system in order to track the stocks automatically (Rossetti et al. 2011 ).

The prime factor behind the acquisition was to gain more control on the Indian pharma manufacturing market and thus to become an industry leader in this segment. Other factors for the takeover include impact of low levels of patent protection, price cuts, a preference for generic medicines and low per capita pharmaceutical and healthcare spending will pose headwinds to innovative drug maker like Sun Pharma to capture opportunities in India. While there is an increased prevalence of chronic diseases, the focus on cost-efficiency within the healthcare sector has aided the acquiring process of Ranbaxy. On the other hand, Ranbaxy had faced tough regulatory challenges due to export ban, very low pricing strategy and stringent regulatory requirements moved the company to ‘bearish’ market performance (Cook and Hagey 2003 ). Ranbaxy’s idea of ‘Putting people first’ approach did not work very well. As said, In order to sustain its success and renew its products, Ranbaxy focused on the people behind its products and not on the products. Ranbaxy’s strength was the people, i.e. both employees and customers. The strategy was to recruit locally in host countries who are culturally adopted within the short time in creating multicultural portfolio of human resource skills. As a result, the company had a challenging working environment and tall organizational structure. These are the trouble faced by Ranbaxy which are the rationale for selling the company to Sun pharma to be able to lead the company’s future.

Suggested Websites :

The following websites are good places for students to get on overall understanding of the context.

https://markets.ft.com/data/equities/tearsheet/forecasts?s=RANBAXY:NSI .

http://businessworld.in/article/Sun-Pharma-Acquiring-Growth/16-03-2016-91995/ .

http://www.thehindubusinessline.com/specials/pulse/case-study-sun-sets-on-ranbaxy/article7065610.ece .

http://economictimes.indiatimes.com/industry/healthcare/biotech/pharmaceuticals/ranbaxy-integration-sun-pharma-may-drop-some-non-strategic-units/articleshow/49615336.cms .

http://www.sunpharma.com/investors/annualreports .

https://www.rankingthebrands.com/Brand-detail.aspx?brandID=5455 .

https://www.bmiresearch.com/india .

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About this chapter

Manikandan, S., Sundarakani, B. (2019). SUN Rises from RANBAXY: Supply Chain Strategy of an Indian Pharmaceutical Company. In: Sikdar, A., Pereira, V. (eds) Business and Management Practices in South Asia. Palgrave Macmillan, Singapore. https://doi.org/10.1007/978-981-13-1399-8_11

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Delhi HC slaps Rs 10 lakh cost on Sun Pharma for concealment of facts in trademark infringement case

Sun pharma had moved to restrain dwd pharmaceuticals ltd from infringing on its ‘forzest’ trademark by selling medicines under the trademark ‘folzest’. while forzest is used to target erectile dysfunction, folzest is a multivitamin for pregnant women.

Imposing a cost of Rs 10 lakh for concealment of facts on Sun Pharma, the Delhi High Court on Monday said that not only does such a practice have to be deprecated but it also has to be penalised.

The observation was made in a plea moved by Sun Pharma against DWD Pharmaceuticals Ltd for restraining them from infringing on the former’s ‘FORZEST’ trademark.

The high court in May had granted an interim injunction in favour of Sun Pharma, restraining DWD from selling its medicinal preparations under the impugned mark ‘FOLZEST’.

The plaintiff, Sun Pharma, alleged that it only learnt about DWD’s trademark in May and hence moved the high court, claiming that the adoption of a similar trademark amounts to infringement as also “passing off and unfair competition”.

While FORZEST is a medicine used to target erectile dysfunction in men, FOLZEST is a multivitamin for pregnant women for lowering the risk of pre-term birth.

The defendant, DWD pharma, argued that it had registered the trademark ‘ZEST’ since 1983, and has a family of registered trademarks, with ‘ZEST’ forming a part of them (hereafter referred to as ‘the ZEST Family of Marks’).

DWD claimed that Sun Pharma was aware of not only the registration of the mark ‘ZEST’ in DWD’s favour but also of the other marks registered and used by the defendant. DWD pointed out that Sun Pharma had earlier applied for the registration of the mark ‘EXEZEST’, which was opposed by DWD in 2009, and this matter is still pending adjudication before the Trade Marks Registry.

On Monday, the high court upheld the interim order but ruled against Sun Pharma over the concealment of facts.

A single-judge bench of Justice Navin Chawla said that Sun Pharma “cannot be allowed to escape the consequences of having concealed material facts from this court to obtain an ex-parte order of injunction”.

“Whether with the disclosure of the above-mentioned material facts, the court would have still granted the ad-interim ex-parte order of injunction or not, is not relevant and cannot absolve the plaintiff from the consequences of not making such disclosure of material facts. Such a practice not only has to be deprecated but must also be penalised,” the court said.

The high court thereafter imposed a cost of Rs 10 lakh on Sun Pharma to be deposited with the Delhi High Court Legal Services Committee within two weeks from the date of the judgment, November 22.

DWD argued that Sun Pharma thereafter applied for registration of its mark ‘TRIOLMEZEST’, which was also opposed by them on December 30, 2014, on the same grounds that DWD is the registered proprietor of the ‘ZEST’ Family of Marks. “Even for the subject-mark, that is, ‘FORZEST’, when the predecessor-in-interest of the plaintiff applied for registration, the defendant’s mark ‘FERIZEST’ was cited as a conflicting mark,” it was submitted.

DWD argued that Sun Pharma has not disclosed the reply filed by them before the Trade Mark Registry against the said examination Report. “It is the case of the defendant that the plaintiff has intentionally not disclosed the above facts in its plaint, and is, therefore, guilty of concealing material facts,” the judgment recorded.

DWD asserted that Sun Pharma had approached the high court with “unclean hands by concealing and suppressing material facts and documents”, and is not entitled to be heard on the merits of its claim and the application filed by Sun Pharma for an interim injunction must be dismissed.

Sun Pharma argued that the uses of the two medicines are different and thus, any confusion between the two trademarks can lead to wrongful consumption of the pharmaceutical goods by an unwary consumer, which in turn will lead to disastrous consequences.

On the concealment of information, Sun Pharma submitted that reply submitted by the predecessor-in-interest of Sun Pharma to the examination report of Trade Mark Registry is not relevant to be submitted before the high court as once the registration of a trademark is granted, no reliance can be placed on such correspondence.

Considering the submissions made by both parties, the high court held that material facts were concealed by Sun Pharma. The court also observed that the concealed information would have been relevant to be considered while the interim relief was granted in May.

The court, however, held that in the case of medicines, the right of not only the private litigants but also public interest has to be kept in mind, and, in fact, be given prominence. “Even a remote chance of deception or confusion arising because of similarity in the marks is to be avoided and prevented, as it may led (lead) to disastrous consequences for unwary consumers,” the high court held.

Therefore, despite the “concealment and misstatement” by Sun Pharma, the high court ruled in their favour as it “prima facie” found that the two medicines were “deceptively similar to each other”.

• delhi high court

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In-clinic effectiveness platform for medical representatives.

Introduction

• Sun Pharmaceutical Industries Ltd. is the fourth largest speciality generic pharmaceutical company in the world with global revenues of over US$ 4.5 billion
• Supported by over 36,000 employees and more than 40 manufacturing facilities in the word
• Sun Pharma provides high-quality, affordable medicines in more than 100 countries across the globe
• Difficulty in measuring the in-clinic effectiveness of sales executives
• Reduce onboard time for new sales representatives
• Need of a practise-oriented platform for the sales team
• Getting a holistic overview of the entire sales team’s performance

Approaching the solution

• Awarathon’s interactive and engaging offerings for medical executives and managers helped them to prepare, practice, and perform well in a risk-free controlled environment
• Realistic in-clinic situations were set with a sufficient number of reattempts so that each participant could practice multiple times
• The manual assessment feature allowed each manager to share constructive feedback with their team members
• The learning and development team got to know where their sales representatives were lacking and what aspects of the sales process required improvement so they could re-strategize their sales approach
• Awarathon video assessments were rolled out across multiple divisions. Right from their sales executives to the top management, everyone participated in the assessment
• Awarathon received positive feedback from all the business heads at Sun Pharma. After initially leveraging the platform with just 2 divisions at the pilot stage, Sun Pharma has successfully rolled out the Awarathon for all India business verticals

Difference made

• There has been a significant enhancement in the performance of new hires
• Refinement in the sales pitch and boosted confidence of sales executives has resulted in improved in-clinic effectiveness
• More than 80% adoption from each division
• More than 90% of similarities found between managers’ feedback and real-time AI-enabled reports

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Case Study of Sun Pharma – MIS System

Customer story.

Sun Pharmaceutical Industries Ltd. is a multinational pharma company and one of the major players in the generic drug market at Indian and International level, having 40+ manufacturing sites spanning over 6 Continents.

Challenges of MIS Manual Process

• Manually performing  financial planning  and reporting of their domestic & international operations on excel spreadsheets.
• The finance team will create, distribute multiple excel sheets to hundreds of organizational department users to complete the task and send back to them for budget consolidations, preparing financial statements and reports, etc
• Uncontrolled data, version controls, currency conversion, change in format template, understanding case scenarios, no insight view of users across 70 to 100 countries.
• Lack of workflow made difficult for them to track the status of each end user task with emails, calls and waiting for response where it delays the process.

Management Information System (MIS) Solution

• Single web-based Excel Interface for all the users, Robust workflow, Easy to adopt or use.
• Integration with GL account, SAP or any legacy system for pulling the data.
• Bringing Full control, validations on data, restriction on major information with a specific set of defined users.
• Automatic currency conversions, budget consolidations, connected templates are pre-populated with relevant information based on rows and columns.
• Assign Scheduled reports, deadlines to users, access real-time information for analysis, monitor flow status in real time.
• Detailed audit trail records of all end-user actions, Activity logs.

Results of  Management Information System

• Excel functionality remains the same.
• AmpleLogic  MIS Solution Generate global P&L reports, cash flow, and fund flow statements, inventory and debtors reports, sales projection, top molecules, capex or opex report and many more.
• Understand and analyze the good and worst test case scenarios.
• Reduce reporting cycle from 4 to 6 months to close in one day at the end of the month with a single click.
• Increased efficiency of all your business operations, reduce costs, no errors, and emails, reduce manual work.

Industry Pharmaceutical Manufacturing

Location, India

Employees, 10K+ employees

Where is your business office? In the India locations.

Time for delivery  35 days

What do you want us to do in this ? We will assure our best services. In this time and in case of any need we will be there for you. 

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