Antitrust Law Daily Wrap Up, ACQUISITIONS & MERGERS NEWS: FTC approves Merck’s sale of manufacturing facilities for heartworm treatment for dogs, (Feb 11, 2015)

Merck & Co., Inc. can proceed with its sale of assets and properties in Puerto Rico used to manufacture Heartgard and Heartgard Plus, a heartworm treatment for dogs, to Merial Barceloneta LLC, a subsidiary of Merial Inc. The FTC has approved the sale, as required by the terms of an October 2009 FTC consent order settling charges that Schering-Plough’s acquisition of Merck was anticompetitive, Merck was required to divest its interest in Merial to Sanofi-Aventis SA, its then-partner in the joint venture, and to seek prior approval from the Commission for the sale of any other assets to Merial under that consent order (In the Matter of Schering-Plough Corp., FTC Dkt. C-4268, File No. 091-0075).

According to its application, Merck supplied Merial with Heartgard Products using the Barceloneta manufacturing facility since 1989, and the transaction to sell the assets to Merial will provide certainty over the cost and production of its own product. Following a public comment period, the application has been approved, the FTC announced today.

Companies: Schering-Plough Corporation; Merck & Co. Inc.,

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