# C_2016382EN.01001701.xml

| 15.10.2016 | EN | Official Journal of the European Union | C 382/17 |
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15.10.2016

EN

Official Journal of the European Union

C 382/17

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Prior notification of a concentration

(Case M.8083 — Merck/Sanofi Pasteur MSD)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 382/04)

| 1. | On 7 October 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Merck &Co., Inc. (‘Merck’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Sanofi Pasteur MSD SNC (‘SPMSD’, France), currently jointly controlled by Merck and Sanofi Pasteur SA, by way of purchase of shares. |
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1.

On 7 October 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Merck &Co., Inc. (‘Merck’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Sanofi Pasteur MSD SNC (‘SPMSD’, France), currently jointly controlled by Merck and Sanofi Pasteur SA, by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:
  —   for Merck: a healthcare company active, globally in the field of pharmaceuticals including treatments against diabetes, cancer, vaccines, and hospital acute care, animal health, alliances, and healthcare services,
  —   for SPMSD: active in the development and commercialisation of human vaccines in 18 EEA countries. |
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2.

The business activities of the undertakings concerned are:

—   for Merck: a healthcare company active, globally in the field of pharmaceuticals including treatments against diabetes, cancer, vaccines, and hospital acute care, animal health, alliances, and healthcare services,

for Merck

—   for SPMSD: active in the development and commercialisation of human vaccines in 18 EEA countries.

for SPMSD

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

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| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8083 — Merck/Sanofi Pasteur MSD, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8083 — Merck/Sanofi Pasteur MSD, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

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(2)  OJ C 366, 14.12.2013, p. 5.

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