Merck & Co., Inc.; Acceleron Pharma, Inc.

On 08.10.2021 the Austrian Federal Competition Authority was notified of the following merger:

Planned purchase process

The proposed transaction is structured in two steps: a public tender then merger.

(iii) First, Astros Merger Sub, Inc., a direct, wholly owned subsidiary of Merck Sharp

& Dohme Corp, will launch a tender offer to purchase any (subject to, among a minimum tender condition) and all of the issued and outstanding shares of common stock of Acceleron Pharma, Inc.. Merck Sharp & Dohme Corp is a wholly owned subsidiary of Merck & Co., Inc; and

Second, if the tender offer is consummated, Astros Merger Sub, Inc. will be merged with and into Acceleron Pharma, Inc., which will continue as the sole surviving corporation of the Proposed Transaction and as a direct, wholly owned subsidiary of Merck Sharp and Dohme Corp.

Through this proposed transaction, Merck & Co., Inc. will indirectly acquire all shares and sole control of Acceleron Pharma, Inc.

The proposed concentration concerns the development and supply of treatments for pulmonary arterial hypertension (PAH).

ÖNACE-Code: Manufacture of pharmaceutical specialty products and other pharmaceutical products.

Industry sector: C - Verarbeitendes Gewerbe/Herstellung von Waren

Deadline for bringing in an application pursuant to § 11(1) Cartel Act will end on 05.11.2021.

Entrepreneurs whose legal or economic interests are affected by the merger can bring in a written statement at the Federal Competition Authority or the Federal Cartel Prosecutor within 14 days from publication date.

Note: The intervening party has no right to a certain treatment of the statement and will not gain a party position.

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