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Regulatory Hurdles Mount as Mayne Pharma and Cosette Clash Over Scheme

Healthcare By Ada Torres 3 min read

Mayne Pharma has publicly refuted recent media claims about plans to close its Salisbury manufacturing site, clarifying its position amid ongoing regulatory scrutiny of its Scheme transaction with Cosette.

  • Mayne Pharma denies advising FIRB of Salisbury site closure
  • Recent media reports cite South Australian Premier’s objections
  • Cosette’s communications with FIRB occur without Mayne Pharma’s consent
  • Mayne Pharma highlights positive financial results and facility upgrades
  • Company considers direct engagement with FIRB to clarify Scheme status
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Context of the Dispute

Mayne Pharma Group Limited has stepped forward to address swirling speculation following recent media reports that suggested the company might close its Salisbury manufacturing site in South Australia. These reports, which included comments from the South Australian Premier, have raised questions about the future of Mayne Pharma’s operations and the progress of its Scheme transaction with Cosette.

The controversy centers on allegations that Mayne Pharma informed the Foreign Investment Review Board (FIRB) of a possible closure due to financial difficulties. Mayne Pharma has categorically denied these claims, stating it never advised FIRB of any such plans and emphasizing its recent financial performance and investment in facility upgrades.

Clarifying the Company’s Position

In its official statement, Mayne Pharma highlighted a 7% revenue increase in its international business segment and the completion of an $18 million upgrade to its Salisbury facility. These points serve to counter the narrative of financial distress and operational shutdown. The company also revealed it was unaware of any direct communications between the South Australian Premier’s office, Cosette, and FIRB, despite media reports suggesting otherwise.

Cosette, the counterparty in the Scheme transaction, has reportedly engaged with FIRB regarding its intentions for Mayne Pharma’s business post-transaction, including potential closure or sale of the Salisbury site. However, Mayne Pharma noted that it has not consented to these communications and has had no direct dialogue with FIRB or the South Australian government on these matters.

Implications for the Scheme Transaction

The dispute adds complexity to the already sensitive regulatory approval process for the Scheme. Mayne Pharma is actively seeking further information and is considering whether to bypass Cosette’s withheld consent to communicate directly with FIRB. The company’s goal is to ensure that FIRB and its advisory partners have complete and accurate information to make an informed decision regarding the transaction.

This situation underscores the challenges companies face when navigating regulatory approvals amid conflicting stakeholder narratives and political pressures. The South Australian Premier’s public objections could influence FIRB’s deliberations, potentially impacting the timeline and outcome of the Scheme.

Looking Ahead

Mayne Pharma has committed to keeping shareholders updated on material developments related to FIRB’s approval and the Scheme transaction. The unfolding scenario will be closely watched by investors, regulators, and industry observers alike, as it touches on operational continuity, regulatory compliance, and corporate governance.

Bottom Line?

Mayne Pharma’s next moves to clarify FIRB’s stance will be pivotal for the Scheme’s fate and the future of its Salisbury operations.

Questions in the middle?

  • Will FIRB’s final decision be influenced by the South Australian government’s objections?
  • What are Cosette’s true intentions for the Salisbury manufacturing site post-transaction?
  • Could Mayne Pharma’s potential direct engagement with FIRB shift the regulatory outcome?