Merck Pushes Acceleron Buyout By Refiling For Antitrust Review

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  • Merck & Co Inc MRK revealed that it had temporarily withdrawn its premerger notification and report form. The company said it plans to refile today.
  • The move will provide the U.S. Federal Trade Commission (FTC) additional time to review the Acceleron Pharma Inc XLRN deal. 
  • It also gives Merck a reason to extend the tender offer time for collecting the required shares from Acceleron investors. 
  • The tender offer is now scheduled to expire on November 18, rather than the previous November 10.
  • The refiling extends the merger review's waiting period by another 15 days to November 16. 
  • The news came a day after Avoro Capital Advisors, which owns a 7% stake in Acceleron, released a letter to shareholders claiming that Merck's offer undervalues the company.
  • "We expect that, by the end of 2022, Acceleron will have results from its Phase 3 STELLAR trial that is enrolling the prevalent PAH population, which we believe will support a higher share price," Avoro wrote in the note.
  • While noting that Merck would be a "great partner" for Acceleron, "The problem is not the fit, it is both the timing and the price," the investor said.
  • Related Link: Bristol Myers Pledges To Offload Acceleron Shares: Bloomberg.
  • Price Action: XLRN shares closed down 0.18% at $173.87, while MRK closed lower by 0.24% at $87.84 on Monday.
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