Statement of Issues released for Mylan N.V./Upjohn Inc. clearance application
Published27 Mar 2020
The Commerce Commission has published a Statement of Issues relating to an application from Mylan N.V. (Mylan) and Upjohn Inc. (Upjohn) seeking clearance to merge their global pharmaceutical businesses.
The Statement of Issues outlines the Commission’s potential competition issues with the merger following its initial investigation. A Statement of Issues is not a final decision and does not mean that the Commission intends to decline or clear the merger.
The Commission is seeking submissions from Mylan and Upjohn and other interested parties on the issues raised in the Statement of Issues.
Submissions are due no later than close of business 14 April 2020, with cross-submissions due no later than close of business 21 April 2020.
The Commission acknowledges that some interested parties may face a range of challenges during New Zealand’s COVID-19 lockdown. This may impact their ability to submit in a meaningful way within these timeframes. If you would like to make a submission but face difficulties in doing so within the timeframe, please ensure that you register your interest with the Commission at email@example.com so that we can work with you to accommodate your needs where possible.
The Commission is currently scheduled to make a decision on the application by 11 May 2020. However, this date may be extended.
We will give clearance to a proposed merger if we are satisfied that the merger is unlikely to have the effect of substantially lessening competition in a market.
Further information explaining how the Commission assesses a merger application is available on our website.