As a public service, I offer the following -- if you need something to write the ECC and ask about, per my post of earlier this morning. . . .
This data is from the European Competition Commission filings made (large 208-page PDF file) when Schering-Plough acquired Organon, and its Intervet Animal Health lines of business (at Pages 88-93), in November of 2007:
. . . .Schering-Plough sells ectoparasiticides for farm animals under the brands Coopers Spot-On, Sputop, Versatrine, Ectoforce, Coopertix, Fly, Zoogama-D and Intervet under the main brand Butox and as well as under the brands Taktic and Topline Suspension. . . .Based on data provided by the parties, the transaction gives rise to the following affected markets where Schering-Plough and Intervet would have a combined market share of at least 25% in the EEA at the national level (2006 data):
Competitors Denmark Greece Norway Sweden Schering-Plough [5-10]% [10-20]% [40-50]% [60-70]% Intervet [20-30]% [10-20]% [20-30]% [20-30]% Combined [20-30]% [20-30]% [60-70]% [90-100]%
The merger would therefore lead to very high market shares of the new entity in Sweden ([90-100] %) and Norway ([60-70] %). In Sweden, the parties would face only one competitor -- Bayer with marginal market share ([0-5] %) and in Norway only two competitors Janssen ([5-10] %) and Pfizer ([20-30] %). Given the barriers to entry, the parties will not face strong competitive constraints in these countries postmerger. . . .
With the objective of resolving the serious doubts identified by the Commission in the market for orally administered ectoparasiticides for farm animals in France and in Belgium/Luxembourg and in the market for endoparasiticides/endectocides for farm animals in Sweden, Norway and the United Kingdom, Schering-Plough committed to the EEA-wide divesture to a suitable purchaser of endoparasiticides currently marketed under the brand Systamex and the ectoparasiticides for farm animals currently marketed under the brands Coopers Spot On, Versatrine, Sputop and Coopertix. . . .[Editor's Note: Does anyone know who bought these lines? Were any of them sold to Merial? That would be a very important development -- given that "New Merck" proposes to transfer all of Intervet to the Merial/Sanofi entity, and still own half of it -- if and when Sanofi-Aventis exercises its call option, should all of these transactions close.]
. . . .Following the market test, Schering-Plough added to the products to be transferred EEA-wide the Autoworm, which is the brand under which Organon BS product is registered and marketed in the United Kingdom and Ireland. Schering-Plough also committed to fully transfer to the purchaser the brand Coopertix. The remedy also includes the grant of a licence for the use of the Coopers trademark for the sale of Coopers Spot On in the EEA by way of a royalty-free exclusive and irrevocable licence. . . .
I'll be back soon, with more examples.
5 comments:
Pfizer was the primary purchaser of the non-U.S. products. I think Virbac bought some as well. Merial was a non-player.
Okay -- that's quite helpful. Then what I'll do, is go through and add any Sanofi assets, to any Merial/Intervet assets in the 207 page PDF, linked above -- to figure out the current overlaps.
Namaste
When does this FTC ask for public comments about the potential "call" option?
Our US merger antitrust review system works a little differently than the European 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.
Here's a good address -- [and an FTC brochure (PDF file) to review] -- just make sure that you CLEARLY label it 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 ALSO send it by mail, to this address (below)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:
1–877–FTC–HELP
(1–877–382–4357)
Email:
Antitrust@ftc.gov
[If your packet is to be confidential, I would NOT advise emailing it in. Use the old school mail, or Fed Ex details, above.]
I hope this is helpful.
Namaste
Namaste - Thank you for the information!
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