Mylan N.V. and Upjohn Inc.
Case brief
What is this about?
The Competition Commission of India considered a notification regarding a proposed combination between Mylan N.V. and Upjohn Inc., including asset transfers and mergers. The Commission evaluated market overlaps and concluded no appreciable adverse effect on competition.
What did the court decide?
The proposed combination is approved under Section 31(1) of the Competition Act, 2002.
What the court decided
COMPETITION COMMISSION OF INDIA
(Combination Registration No. C-2020/01/720)
23rd March, 2020
Notice under Section 6 (2) of the Competition Act, 2002 filed by Mylan N.V. and Upjohn Inc.
CORAM:
Mr. Ashok Kumar Gupta Chairperson Ms. Sangeeta Verma Member
Mr. Bhagwant Singh Bishnoi Member
Order under Section 31(1) of the Competition Act, 2002
- On 27th January, 2020, Competition Commission of India (“ Commission” ) received a notice under Section 6(2) of the Competition Act, 2002 (“ Act ”), jointly filed by Mylan N.V. (“ Mylan ”) and Upjohn Inc. (“ Upjohn ”). The notice has been filed pursuant to the execution of (i) Separation & Distribution Agreement (“ SDA ”) entered into between Pfizer Inc. (“ Pfizer ”) and Upjohn and (ii) Business Combination Agreement (“ BCA ”) entered into by and among Mylan, Upjohn and Pfizer, both dated 29th July, 2019. [Hereinafter, Mylan and Upjohn are together referred to as “ Parties ”.]
Issues for consideration
2 issues framed by the court
Whether the proposed combination between Mylan and Upjohn is likely to have an appreciable adverse effect on competition in India?
Whether the proposed transaction requires approval under Section 6(2) of the Competition Act, 2002?
Parties & counsel
- applicant
Mylan N.V. and Upjohn Inc.
- respondent
Competition Commission of India
Coram
Ashok Kumar Gupta
Case details
As recorded by the court registry
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