EN

Case No COMP/M.5843 - ELI LILLY/ CERTAIN ANIMAL HEALTH ASSETS OF PFIZER

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 21/05/2010

In electronic form on the EUR-Lex website under document number 32010M5843

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 21.05.2010 SG-Greffe(2010) D/7122 C(2010)3331

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party:

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.5843 – ELI LILLY/ CERTAIN ANIMAL HEALTH ASSETS OF PFIZER Notification of 19.04.2010 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 107, 27.04.2010, p. 14

1.1. On 19 April 2010 the European Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 by which the undertaking Elanco Animal Health Ireland Limited (EU), controlled by Eli Lilly & Co (USA), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of parts of the undertaking Pfizer Inc (USA) by way of a purchase of assets.

2. The business activities of the undertakings concerned are:

-- for Eli Lilly and Co: research based, global pharmaceutical company engaged in the discovery, development, manufacture and sale of a range of pharmaceutical products for humans and animals,

1OJ L 24, 29.1.2004, p. 1 (the "Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.

Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

- Pfizer Assets: rights to animal health products in the areas of multivalent feline vaccines, equine influenza and tetanus vaccines, swine mycoplasma hyopneumoniae vaccines, parasiticides for companion and production animals, oral rehydration salts and tetracycline sprays.

2.3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.

For the European Commission, (signed) Alexander ITALIANER Director General

2OJ C 56, 5.3.2005, p. 32.

2