Antitrust Law Daily Wrap Up, ANTITRUST NEWS: FTC seeks public comments on Merck’s application to sell manufacturing facilities for heartworm treatment for dogs, (Dec 23, 2014)

By Linda O’Brien, J.D., LL.M.

The FTC is seeking public comments on an application by Merck & Co., Inc. to sell assets and properties in Puerto Rico it uses to manufacture Heartgard and Heartgard Plus to Merial Barceloneta LLC, a subsidiary of Merial Inc., the agency announced today.

In its complaint, (In the Matter of Schering-Plough Corporation, File No. 091-0075), the FTC charged that Schering-Plough’s acquisition of Merck would have violated U.S. antitrust laws by reducing competition in a range of animal health markets in which the companies compete. The companies are two of the leading animal health suppliers in the United States, and the proposed acquisition raises significant concerns in markets where Merck, through Merial, and Schering-Plough directly compete.

The sale requires the prior approval of the Commission under the FTC’s October 2009 order settling charges that Schering-Plough’s acquisition of Merck was anticompetitive.

According to its application, Merck has 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.

Public comments may be submitted until January 22, 2015. Written comments should be submitted to the FTC Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. Comments can also be submitted electronically.

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

News: Antitrust FederalTradeCommissionNews