Irish Takeover Panel wants clarification from Mylan about Perrigo
The clarification and retraction relates to certain forward-looking statements made by Mylan specifically during the offer period concerning its long-stated target since 2012 of at least $6 in adjusted diluted earnings per share (EPS) by 2018, including recently in Mylan's first quarter earnings press release of May 5, 2015.
Subsequent to the May 5 earnings release, Perrigo submitted a complaint to the Irish Takeover Panel alleging that the reference to Mylan's long-term target should be treated as a forward-looking profit forecast statement for purposes of the Rules, and therefore must comply with the terms of the Rules.
Although Mylan's longstanding adjusted diluted EPS goal has been a well stated long-term target, and not a forecast of Mylan, at least during the offer period as it pertains to the Perrigo transaction, Mylan will no longer refer to that 2018 target or any other forward looking statements beyond 2015 that could constitute profit forecasts under the Rules. ■