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[11] Exceptional items 

Exceptional items comprise:

XLS

EUR million

2010

2009

Gain from divestment of Théramex

68.6

Litigation Dey Inc., USA

–67.2

Selling price adjustments for the Electronic Chemicals business

–1.2

Transaction costs divestment of the Crop BioScience business

–1.0

Exit cost Raptiva®

–39.7

Divestment of natural substances business in Brazil

10.6

Release of provisions

1.1

Exceptional items

–0.8

–28.0

The gain on the sale of Théramex amounting to EUR 68.6 million is recorded under this item. More information on this transaction can be found under “Scope of consolidation”. In connection with litigation relating to our former subsidiary Dey Inc., USA, having allegedly reported certain price information falsely, a settlement payment was made to the U.S. Department of Justice in 2010. The resulting expenses of EUR 67.2 million were recorded as an exceptional item. Although Dey Inc. was transferred to Mylan, Inc., USA, as part of the sale of the Generics business in 2007, Merck remains liable to Mylan for the costs of this litigation (see Note [32]).

Transaction costs of EUR 1.0 million already incurred in 2010 in relation to the announced divestment of the Crop BioScience business are likewise included under this item.

In 2010, “Exceptional items” also include expenses of EUR 1.2 million related to the sale of the Electronic Chemicals business in 2005. This figure includes reimbursements of subsequent taxes to the buyer.

The breakdown of exceptional items by business sector and division is presented in the Segment Reporting.

© Merck KGaA, Darmstadt, Germany, Last Update 2010/02/23