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FTC Narrowly Approves Mylan-Upjohn Merger As Dissenters Call For Change

Settlement Seeks To Address Concerns In Ten Markets

 
• By Dean Rudge

Mylan’s proposed $12bn combination with Pfizer’s Upjohn unit is expected to close next month following a settlement agreement with the FTC, with a requirement to address competition concerns in ten markets. The FTC was however strongly divided on the deal, with dissenters labelling the directives of the Commission as “deeply flawed, favoring routine over rigor.”

WASHINGTON, DC - MAY 4: Federal Trade Commission Headquarters in downtown Washington, DC on May 4, 2015.
The FTC is once again sharply divided on a huge pharma M&A deal • Source: Shutterstock

The US Federal Trade Commission has voted 3-2 in favor of Mylan’s proposed $12bn combination with Pfizer’s Upjohn unit into Viatris, with both parties having now obtained all required antitrust clearances for the proposed transaction, which is expected to close on 16 November.

However, dissenters from the Commission launched a scathing attack on the deal and the broader issue of anticompetitive pharma mergers, insisting that the Commission’s record of reviewing deals and approach of striking “narrow

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