Case No COMP/M.7716 - PFIZER/ GSK MENACWY BUSINESS

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 09/09/2015

In electronic form on the EUR-Lex website under document number 32015M7716

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 09.09.2015 C(2015) 6311 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying party:

Dear Sirs,

Subject: Case M.7716 – PFIZER/ GSK MENACWY BUSINESS Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 and Article 57 of the Agreement on the European Economic Area

1.On 17 August 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of the Merger Regulation by which the undertaking Pfizer Ireland Pharmaceuticals ("Pfizer", Ireland) controlled by Pfizer Inc. (USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the assets constituting the Nimenrix and Mencevax Meningococcal ACWY vaccines business (the "MenACWY vaccines business") of GlaxoSmithKline Biologicals S.A. ("GSK", Belgium), by way of purchase of assets.

The business activities of the undertakings concerned are:

- Pfizer : manufacturing of pharmaceutical products including pharmaceutical ingredients, solid dose pharmaceuticals, sterile injectables, nutritionals, vaccines and biopharmaceuticals, commercial human prescription, animal health and consumer health products businesses.

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.

2OJ L 1, 3.1.1994, p. 3 ("the EEA Agreement").

3Publication in the Official Journal of the European Union No C 280, 25.08.2015, p. 9.

Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.

 GSK's MenACWY vaccines business: two Meningococcal ACWY vaccines, Mencevax, a polysaccharide MenACWY vaccine, and Nimenrix, a conjugate MenACWY vaccine.

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.

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 and Article 57 of the EEA Agreement.

For the Commission (Signed)

Johannes LAITENBERGER Director-General

4OJ C 366, 14.12.2013, p. 5.

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