The ECC Now Invites Your Written Comment -- On The Reverse Merger, Proper

But make your submissions promptly -- as you only have ten days from September 30, 2009 -- or until October 9, 2009, to get them in:

. . . .On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. . . .

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission. Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5502 — Merck/Schering-Plough, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
1049 Bruxelles/Brussel
BELGIQUE/BELGIË
30.9.2009 EN Official Journal of the European Union C 235/27

Here is a link to Wednesday's full ECC notice (as a PDF file).

Just as I did for the Merial/Merck to Sanofi transaction, I'll be submitting at least five items to the ECC -- as they are now directly relevant, given the closing of the transfer of the remaining 50 percent of Merial back to Sanofi-Aventis, last week. Especially so, since Sanofi's CEO recently said he is "likely" to exercise the call option Sanofi holds, to take Intervet away from the New Merck, and fold it into the New Merial.

So, feel free to crib from, or simply copy and print out, any or all of mine (I release them -- like all the content I create here -- to the public domain, free in perpetuity) -- here:

No. One | No. Two | No. Three | No. Four | No. Five

While not the most momentous, from a European antitrust law perspective, No. Five, above, may be the most ironic, actually -- if you follow the patent case law, in this area, at all. See, it links to my earlier report -- on Intervet winning a pig vaccine patent-suit dismissal. . . against its likely-future self (Merial).

Do let the Commission's Directorate-General know what you think, here -- one and all (especially those of you who, according to published reports, felt "marginalized" -- in the bidding process for Merial -- are you listening/getting this, up in Abbott Park?).