The Commerce Commission has published a Statement of Issues relating to an application from Mylan N.V. (Mylan) and
Upjohn Inc. (Upjohn) seeking clearance to merge their global pharmaceutical businesses.
The Statement of Issues outlines the Commission’s potential competition issues with the merger following its initial
investigation. A Statement of Issues is not a final decision and does not mean that the Commission intends to decline or
clear the merger.
The Commission is seeking submissions from Mylan and Upjohn and other interested parties on the issues raised in the
Statement of Issues.
The Statement of Issues can be found on the case register.
Submissions can be sent by email to registrar@comcom.govt.nz with the reference “Mylan/Upjohn” in the subject line.
Submissions are due no later than close of business 14 April 2020, with cross-submissions due no later than close of
business 21 April 2020.
The Commission acknowledges that some interested parties may face a range of challenges during New Zealand’s COVID-19
lockdown. This may impact their ability to submit in a meaningful way within these timeframes. If you would like to make
a submission but face difficulties in doing so within the timeframe, please ensure that you register your interest with
the Commission at registrar@comcom.govt.nz so that we can work with you to accommodate your needs where possible.
The Commission is currently scheduled to make a decision on the application by 11 May 2020. However, this date may be
extended.
Background
We will give clearance to a proposed merger if we are satisfied that the merger is unlikely to have the effect of
substantially lessening competition in a market.
Further information explaining how the Commission assesses a merger application is available on our website.