Thursday, May 21, 2009

Both Companies Re-Filed H-S-R Notices on May 20, 2009: Per the Form S-4


This is a rather minor matter -- but this will, I predict, still lead to a substantial "second request" for information, from the FTC's Antitrust staffers. The below is from page 98 of the preliminary SEC Form S-4. Thus, the December 2009 hoped-for merger closing date is marginally less-likely, as a result of Merck's earlier withdrawal, and then refiling:

. . . .Merck and Schering-Plough each filed its required HSR notification and report form with respect to the merger on April 17, 2009, commencing the initial 30-day waiting period. On May 18, 2009, Schering-Plough, with the concurrence of Merck, voluntarily withdrew its notification and report form. Schering-Plough refiled the required notification and report form on May 20, 2009, at which time a new initial 30-day waiting period commenced. . . .

Stay-tuned.

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