Antitrust Law Daily Wrap Up, ANTITRUST NEWS: FTC seeks comments on modification of final order on Pfizer’s acquisition of Wyeth, (Dec 18, 2015)

By Michael Menzhuber, J.D., LL.M.

The FTC is seeking public comment on Pfizer Inc.’s application to modify the FTC’s January 2010 final order, which settled competition concerns arising from Pfizer’s 2009 acquisition of Wyeth, the agency announced today. The final order required Pfizer to sell approximately half of Wyeth’s U.S.-based animal health business to Boehringer Ingelheim Vetmedica, Inc. (“BIVI”). It also included additional requirements governing Pfizer’s future conduct.

According to Pfizer’s petition to reopen and modify, it transferred all of its animal health business to Zoetis, Inc. in 2013 and then, through a series of transactions, divested all of its interest in Zoetis. Since no longer holds any interest in the portions of Wyeth’s animal health business it retained following the 2010 divestiture to BIVI, Pfizer is requesting that it be released from the order. The application also states that Zoetis has certified its agreement to become a party to the FTC order, and comply with all of its obligations.

The FTC’s decision of whether to approve Pfizer’s application will be made after the expiration of a 30-day public comment period. Public comments may be submitted through January 20, 2016. Comments can be filed electronically here. Written comments can also be sent to: FTC Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. (FTC File No. 091 0053, Docket No. C-4267; the staff contact is Elizabeth Piotrowski, Bureau of Competition, 202-326-2623).

News: Antitrust FederalTradeCommissionNews