Mylan N.V. and Upjohn Inc. - proposed merger

Status: 
Completed
Outcome: 
Not opposed subject to undertakings on 10 September 2020
Industry: 
Pharmaceuticals
Commenced: 
24 March 2020
Total review days: 
102 days

Acquirer(s)

  • Mylan N.V.

Target(s)

  • Upjohn Inc.

Summary

The proposed combination of Mylan N.V. (Mylan) and Pfizer's Upjohn Inc. division (Upjohn), which will be renamed Viatris at the closing of the transaction (the proposed transaction).
 
Mylan and Upjohn both supply cardiovascular, neurology & pain, psychiatry, urology and ophthalmology pharmaceutical products in Australia.

Market definition

Refer to the attached Public Competition Assessment.

Competition analysis

Refer to the attached Public Competition Assessment.

Public competition assessment

Document title Date
Mylan Upjohn - Public Competition Assessment ( PDF 367.75 KB ) 4 Dec 2020

Undertakings

Document title Date
Pfizer Inc. and Pfizer Australia Pty Ltd - section 87B undertaking – signed 9 September ( PDF 1.85 MB ) 9 Sep 2020
Mylan N.V., Alphapharm Pty Ltd, Upjohn Inc. and Upjohn Australia - section 87B undertaking – signed 9 September 2020 ( PDF 3.65 MB ) 9 Sep 2020

Timeline

DateEvent
24/03/2020ACCC commenced review under the Merger Process Guidelines.
22/04/2020Closing date for submissions. The ACCC will place an indicative decision date here shortly.
04/06/2020ACCC awaiting further information from the parties. Former provisional date for announcement of ACCC's finding (11 June 2020) is delayed. ACCC will announce a proposed decision date in due course.
19/08/2020ACCC commenced market consultation on proposed s87B undertaking. ACCC timeline recommenced.
31/08/2020Closing date for submissions relating to the draft proposed divestment undertaking.
10/09/2020ACCC announced it would not oppose the proposed acquisition, subject to section 87B undertakings accepted by the ACCC.