CASE COMMENTS: MERGERS – CLEARANCE SUBJECT TO CONDITIONS – PHARMACEUTICAL SECTOR

Phase I decision: The European Commission clears the acquisition of sole control Hospira by Pfizer subject to Pfizer divesting certain sterile injectable drugs, as well as its infliximab biosimilar drug, which is currently under development (Pfizer, Hospira)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By decision of 4 August 2015, the Commission has approved the acquisition of Hospira by Pfizer under Articles 6(1)(b) and 6(2) of the EU Merger Regulation. Both companies, based in the US, are active in the development and marketing of medicines for human use. However, the approval was conditional upon Pfizer fulfilling certain commitments in the markets for biosimilar medicines and sterile injectable solutions. Indeed, in view of the high market shares held by the companies concerned on the markets and the existence of high barriers to entry in research and development, the Commission expressed concerns that the merged entity would face insufficient

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Authors

  • Herbert Smith Freehills (Paris)
  • Herbert Smith Freehills (Paris)

Quotation

Sergio Sorinas, Marie Louvet, Phase I decision: The European Commission clears the acquisition of sole control Hospira by Pfizer subject to Pfizer divesting certain sterile injectable drugs, as well as its infliximab biosimilar drug, which is currently under development (Pfizer, Hospira), 4 August 2015, Concurrences N° 1-2016, Art. N° 77680, pp. 143-144

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