Update May 2011: The Ninth Circuit upheld the dismissal of a private challenge to the merger, holding that the plaintiff’s allegation of a pharmaceutical market was inadequate.
Update October 2009: The FTC has signed off on the merger on the condition that Pfizer sell some of its animal health business. But a group of pharmacists and pharmacies have renewed a private case challenging the merger. In response to the dismissal of their August complaint, the plaintiffs allege that the merger will lessen competition in 13 specific products.
The massive merger between pharmaceutical giants Pfizer and Wyeth has raised a number of concerns with respect to both competition in the pharmaceutical industry and with respect to the propriety of banks funding such a large merger after receiving massive federal bailout money. The issuing of a second request for additional information could not have come as a surprise to the parties.