Pharmaceutical sector: The European Commission considers generic competition and pipeline products in the human-health pharmaceutical sector (Pfizer/Wyeth)

– Eur. Commission, 17 July 2009, Pfizer/Wyeth, Case COMP/M.5476 On 17 July 2009, the European Commission approved the acquisition by Pfizer Inc. USA (“Pfizer”) of Wyeth USA. In its decision, the Commission identified substantial horizontal overlaps in the parties' human health pharmaceutical operations, as well as in the parties' animal health operations, particularly biologicals, pharmaceuticals, and medicinal feed additives. In order to remedy the Commission's competition concerns, the parties were required to commit to divest several animal health operations. However, no commitments were required with respect to the parties' human health operations. This note focuses on the Commission's assessment in the decision of the human health pharmaceutical market. The definition of product