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On 18 December 2012 the ACCC accepted a section 87B undertaking from Oticon Australia Pty Ltd ("Oticon") who are engaged in the wholesale and retail sales of hearing instruments (hearing aids) in Australia.
On 12 December 2012, the ACCC consented to a variation of the section 87B Undertaking given by Pfizer Inc and Pfizer Australia Pty Ltd (together referred to as Pfizer) on 30 September 2009 (the Undertaking).
The ACCC accepted the Undertaking as part of its decision not to oppose Pfizer’s proposed acquisition of Wyeth Corp. Amongst other things, the Undertaking required the divestiture of Wyeth’s Fort Dodge Livestock Business to a purchaser approved by the ACCC (Virbac Group).
The Livestock Business comprised a number of pharmaceutical vaccines including the mycoplasma hypopneumoniae vaccine (M Hyo Swine Vaccines) which is manufactured overseas and imported into Australia for sale.
The Undertaking has been varied to remove the obligations relating to the transfer of the manufacture of the M Hyo Swine Vaccines to Virbac. Several clauses relating to the confidential obligations have also been varied.