Bristol-Myers Squibb Enters a Collaboration Agreement for Several Over-the-Counter Medicines with Reckitt Benckiser Group plc
Bristol-Myers
Squibb Company (NYSE: BMY) today announced it has entered into a
three-year collaboration agreement with Reckitt Benckiser Group plc
(LSE: RBL) for several of its over-the-counter medicines currently sold
across Latin America, primarily in Mexico and Brazil.
Under the terms of the collaboration agreement, Reckitt Benckiser will
pay Bristol-Myers Squibb an upfront payment in the amount of $438
million for the exclusive rights to sell, distribute and market the
following medicines for a three-year period: Picot, an antacid, Tempra,
a pain reliever and fever reducer, Micostatin, an antifungal, and
Graneodin, a cough and cold medicine, sold primarily in Mexico; and
Dermodex, an anti-rash cream, Luftal, an anti-gas medicine, and
Naldecon, a cold and flu symptoms treatment, sold primarily in Brazil.
“As part of our BioPharma strategy, Bristol-Myers Squibb has worked to
focus its businesses around the world on innovative medicines in areas
of high unmet medical need,” said Charles
Bancroft, executive vice president, Intercontinental Region and
Japan, and chief financial officer. “This agreement allows us to
increase our focus on the launch and commercialization of our innovative
portfolio in these important markets in Latin America.”
During the collaboration term, Bristol-Myers Squibb will retain
responsibility for manufacturing all of the products covered by the
collaboration (either by itself or through third party manufacturers),
and Reckitt Benckiser will purchase products from Bristol-Myers Squibb
and pay royalties on product sales during the term of the collaboration.
Reckitt Benckiser will also pay to Bristol-Myers Squibb an option fee in
the amount of $44 million for the right to purchase these products
outright at the end of the three-year term, acquiring the sales,
marketing, and distribution rights, along with assets related to the
products, including the trademarks, remaining inventories, and certain
other assets. Subject to certain rights it has to extend the term of the
supply agreement with Bristol-Myers Squibb, Reckitt Benckiser would then
assume all responsibility for the products. The purchase price will be
based on average net sales during the two year period preceding the
closing of the sale. No manufacturing facilities will be transferred
from Bristol-Myers Squibb to Reckitt Benckiser Group plc as part of this
transaction.
The transaction is subject to the satisfaction or waiver of customary
closing conditions, including competition law authorizations in Brazil
and Mexico.
Jefferies Group, Inc. acted as exclusive financial advisor to
Bristol-Myers Squibb, and Kirkland & Ellis LLP acted as its legal
adviser.
About Bristol-Myers Squibb
Bristol-Myers Squibb is a global biopharmaceutical company whose mission
is to discover, develop and deliver innovative medicines that help
patients prevail over serious diseases. For more information about
Bristol-Myers Squibb, visit www.bms.com,
or follow us on Twitter at http://twitter.com/bmsnews.
Bristol-Myers Squibb Forward-Looking Statements
This press release contains “forward-looking statements” as that term is
defined in the Private Securities Litigation Reform Act of 1995,
regarding the research, development and commercialization of
pharmaceutical products. Such forward-looking statements are based on
current expectations and involve inherent risks and uncertainties,
including factors that could delay, divert or change any of them, and
could cause actual outcomes and results to differ materially from
current expectations. No forward-looking statement can be guaranteed.
Among other risks, there can be no guarantee that all of the necessary
closing conditions will be met for the transaction to close.
Forward-looking statements in the press release should be evaluated
together with the many uncertainties that affect Bristol-Myers Squibb’s
business, particularly those identified in the cautionary factors
discussion in Bristol-Myers Squibb’s Annual Report on Form 10-K for the
year ended December 31, 2011, its Quarterly Reports on Form 10-Q, and
Current Reports on Form 8-K. Bristol-Myers Squibb undertakes no
obligation to publicly update any forward-looking statement, whether as
a result of new information, future events, or otherwise.