Friday, March 11, 2011

Merck Has Dutch Court's Green Light To Close Oss R&D Ops


So it ends -- it would seem. . .

Many media outlets now have versions of this story -- here is one of them:

. . . .A Dutch court said Friday U.S.-based Merck & Co. Inc. (MRK) isn't obliged to accept a bid for its Dutch Organon operations from a potential buyer, although the court said it needs to consult with Organon's supervisory board, the works council and the unions on why it rejected an offer. . . .

Last month, Merck said it failed to find a buyer for the Dutch Organon operations after it announced in July last year that it would close its research & development sites in the Netherlands as part of a major global revamp. But strong resistance by the works council and Organon's employees prompted Merck last September to look into alternative solutions. Shuttering the operations would result in cutting 2,000 of the 4,500 jobs at Organon's research and development sites. . . .

This probably spells the effective end for Oss R&D -- one of the first facilities to produce the original birth control pills -- for Organon in the 1960s. We'll keep you posted.

2 comments:

Anonymous said...

This is the public link to the court decision

http://zoeken.rechtspraak.nl/resultpage.aspx?snelzoeken=true&searchtype=ljn&ljn=BP7454&u_ljn=BP7454

Although mostly in Dutch, section 2.8 gives some insight in why Merck did not want to continue negotiations with "party X".
As decided by court today Merck will now have to further clarify to the Advisory Body the rationale for rejecting X’s final offer.

It ain’t over yet …

condor said...

I too very much want to believe it is "not over," but I think it (nearly) is. . . .

My concern here -- though I do hear you -- is that all the judge ordered was a "consult" and "advice" session.

That is, so long as Merck listens patiently, and reacts in a thoughtful manner, it is free to close the facility.

All that need be said is that it would not be manifestly unreasonable, or in bad faith, for Merck to close it.

Said another way, unless the "consult" suggests there is only one reaonable course, Merck wins.

Here's to hoping I'm wrong; yet I fear I am right.

Namaste