# C_2009235EN.01002701.xml

| 30.9.2009 | EN | Official Journal of the European Union | C 235/27 |
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30.9.2009

EN

Official Journal of the European Union

C 235/27

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Prior notification of a concentration

(Case COMP/M.5502 — Merck/Schering-Plough)

(Text with EEA relevance)

2009/C 235/06

| 1. | On 18 September 2009 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Merck & Co. Inc. (‘Merck’, US) enter into a full merger within the meaning of Article 3(1)(a) of the Council Regulation with the undertaking Schering-Plough Corporation (‘Schering-Plough’, US) by way of purchase of shares. |
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1.

On 18 September 2009 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Merck & Co. Inc. (‘Merck’, US) enter into a full merger within the meaning of Article 3(1)(a) of the Council Regulation with the undertaking Schering-Plough Corporation (‘Schering-Plough’, US) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | for undertaking Merck: global research-driven pharmaceutical company that discovers, develops, manufactures and markets a broad range of innovative human health products, |
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2.

The business activities of the undertakings concerned are:

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for undertaking Merck: global research-driven pharmaceutical company that discovers, develops, manufactures and markets a broad range of innovative human health products,

| — | for undertaking Schering-Plough: global science-based healthcare company active in three business segments: human health prescription pharmaceuticals, animal health and over-the-counter consumer healthcare. |
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for undertaking Schering-Plough: global science-based healthcare company active in three business segments: human health prescription pharmaceuticals, animal health and over-the-counter consumer healthcare.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 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 or 22967244) or by post, under reference number COMP/M.5502 — Merck/Schering-Plough, 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 or 22967244) or by post, under reference number COMP/M.5502 — Merck/Schering-Plough, 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.

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