- Pfizer Nutrition
SummaryNestle proposed to acquire Pfizer Nutrition, a global infant nutrition business, from Pfizer Inc.
Market definitionPlease refer to the attached Public Competition Assessment.
Competition analysisPlease refer to the attached Public Competition Assessment.
UndertakingsVariation to Nestle Undertaking - on 17 April 2013, the ACCC consented to a variation to the Nestle section 87B Undertaking. The purpose of the Variation was to: (a) incorporate ring fencing measures in relation to information obtained by Nestle relating to a licence agreement Nestle would enter into with the Approved Purchaser; and (b) require Nestle to take all steps to ensure that any licence agreement entered pursuant to clause 5.4(b)(i) of the Nestle Undertaking does not terminate as a result of a breach of that licence agreement by Nestle, and to include a procedure for approval by the ACCC.
Public competition assessment
|24/05/2012||ACCC commenced review under the Merger Review Process Guidelines.|
|14/06/2012||Closing date for submissions from interested parties.|
|05/07/2012||ACCC requested further information from the merger parties. ACCC timeline suspended. Former proposed decision date for announcement of ACCC's findings of 12 July 2012 delayed pending receipt of information requested.|
|13/08/2012||ACCC received further information from the merger parties following ACCC's request for information on 5 July 2012. ACCC timeline recommenced.|
|22/08/2012||ACCC timeline suspended at the request of Nestle to allow it to provide further information. Former proposed decision date of 23 August 2012 delayed.|
|31/08/2012||ACCC published a Statement of Issues outlining preliminary competition concerns.|
|14/09/2012||Closing date for submissions relating to Statement of Issues.|
|11/10/2012||ACCC timeline suspended to allow Nestle and the ACCC to continue negotiations on a draft s87B undertaking. Former proposed decision date of 11 October 2012 delayed.|
|12/10/2012||Draft s87B undertakings proffered by Nestle. ACCC commenced market inquiries.|
|17/10/2012||Closing date for submissions on the draft s87B undertaking from interested parties.|
|24/10/2012||ACCC timeline suspended at the request of Nestle to allow it to provide further information. Former proposed decision date of 25 October 2012 delayed.|
|16/11/2012||ACCC timeline recommenced.|
|22/11/2012||87B undertaking accepted by ACCC.|
|22/11/2012||ACCC announced it would not oppose the proposed acquisition.|