A Reader Asked "When Will FTC Seek Public Comments" -- On Merck/Schering-Plough/Sanofi Transactions. . . .

While I answered the question, in the comment-box, I thought it might be useful to reprint it here, in full -- as (time-permitting) later today, I will outline more on the likely competitive concentrations in Europe, such as multivalent clostridia/pasteurella vaccines in Italy and the U.K.; multivalent cat vaccines in the U.K.; and monovalent multispecies rabies vaccines in the U.K., Greece and Finland. In any event, here was my answer to the headline's question:

. . . .Our United States anticompetitive merger review system works a little differently than the European (ECC) one.

There is no formal call for public comment, under the Hart-Scott Rodino rules.

More than occasionally, FTC staffers will contact various competitors (of the parties to the proposed transaction) in a given market, as they conduct their analysis -- we know that analysis is ongoing, so we know that some competitors (Pfizer, for example) have been/will be contacted. Of course, FTC has already cleared Pfizer to buy Wyeth, so those executives ought to speak a little more freely with FTC, now.

That said, there is absolutely nothing to prevent any concerned party (or private citizen) from writing directly to FTC, and expressing his or her concerns -- about the anticompetitive effect of the Sanofi call option (or any other part of the proposed transactions).

Here's a good address -- [and an FTC brochure (PDF file) to review] -- just make sure that you clearly label yours as a letter concerning the overall proposed acquisition of Schering-Plough, by Merck. The office below will get it routed to the right FTC staff member -- the one handling the Hart-Scott review:

Premerger Notification Office
Bureau of Competition, Room 303
600 Pennsylvania Avenue, N.W.
Washington, D.C. 20580
Director of Operations
and Civil Enforcement
Antitrust Division,
Department of Justice
950 Pennsylvania Avenue, N.W., Room 3335
Washington, D.C. 20530
(For FEDEX air bills to the Department of Justice, do not use the 20530 zip code, use zip code 20004)

Mark the packet thus:

In Re: Merck/Schering-Plough
Reverse Merger Transaction (and
Sanofi-Aventis Merial Purchase;
Call Option on Intervet Business)


If you wish to submit confidential information, I would send it by mail only, and a copy to this address (below), as well as the above -- and mark it “Confidential”.

Federal Trade Commission
Bureau of Competition-H374,
Washington, D.C. 20580
In Re: Merck/Schering-Plough
Reverse Merger Transaction (and
Sanofi-Aventis Merial purchase;
Call Option on Intervet Business)

Or Telephone (if non-confidential):
1–877–FTC–HELP
(1–877–382–4357)

Email (also if non-confidential):

Antitrust@ftc.gov

[If your packet is to be confidential, be sure you have the absolute right to deliver the materials to a third party (consult a lawyer).

I would advise against e-mailing it in. Use the old school mail, or Fed Ex details, above.]