FTC Requests Public Comment on Pfizer Inc.’s Application to Modify Final Order Settling Competition Concerns Related to Pfizer’s 2009 Acquisition of Wyeth

The Federal Trade Commission is seeking public comment on an application by Pfizer Inc. to modify the FTC’s January 2010 final order, which settled the FTC’s competition concerns arising from Pfizer’s 2009 acquisition of Wyeth. The final order remedied the likely anticompetitive effects of the acquisition in numerous markets for animal health products by requiring Pfizer to sell approximately half of Wyeth’s U.S.-based animal health business to Boehringer Ingelheim Vetmedica, Inc. (“BIVI”). It also included additional requirements governing Pfizer’s future conduct.

According to Pfizer’s application, it no longer holds any interest in the portions of Wyeth’s animal health business it retained following the 2010 divestiture to BIVI. Pfizer transferred all of its animal health business to Zoetis, Inc. in 2013 and then, through a series of transactions, divested all of its interest in Zoetis. As a result, Pfizer is requesting that it be released from the order. Additionally, the application states that Zoetis has certified its agreement to become a party to the FTC order, and comply with all of its obligations.

The Commission will decide whether to approve Pfizer’s application after the expiration of a 30-day public comment period. Public comments may be submitted until January 20, 2016. Comments can be filed electronically. Written comments can also be sent to: FTC Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. (FTC File No. 091 0053, Docket No. C-4267; the staff contact is Elizabeth Piotrowski, Bureau of Competition, 202-326-2623)

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