In arbitration filed with the American Arbitration Association, US health care major Johnson & Johnson has requested a ruling that the planned merger of Merck & Co and Schering-Plough constitutes a change of control that would permit the termination of the agreements between S-P and J&J regarding Remicade (infliximab) and Simponi (golimumab).
The termination of the agreements would return full rights to Johnson & Johnson for the distribution of these products in markets outside the USA, where Schering-Plough currently distributes them.
"As its public statements have made clear, Merck is acquiring Schering-Plough," J&J said. "The acquisition constitutes a change of control that triggers the right of our Centocor Ortho Biotech subsidiary to terminate the agreements," it added.
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