Merck & Co., Inc. ERISA Litigation

On November 29, 2011, a final judgment hearing was held and the Honorable Stanley R. Chesler granted Plaintiffs’ motion for final approval of a class action settlement in the amount of $49.5 million.

Included in the Class are: ALL CURRENT AND FORMER PARTICIPANTS AND BENEFICIARIES OF THE MSD EMPLOYEE SAVINGS & SECURITY PLAN (formerly known as the MERCK & CO., INC. EMPLOYEE SAVINGS & SECURITY PLAN), THE MSD EMPLOYEE STOCK PURCHASE & SAVINGS PLAN (formerly known as the MERCK & CO., INC. EMPLOYEE STOCK PURCHASE & SAVINGS PLAN), THE MSD PUERTO RICO EMPLOYEE SAVINGS & SECURITY PLAN (formerly known as the MERCK PUERTO RICO EMPLOYEE SAVINGS & SECURITY PLAN), AND THE PLAN FORMERLY KNOWN AS THE MERCK-MEDCO MANAGED CARE LLC 401(K) SAVINGS PLAN (THE “MEDCO PLAN”) (COLLECTIVELY, THE “PLANS”), FOR WHOSE INDIVIDUAL ACCOUNTS THE PLANS PURCHASED AND/OR HELD SHARES OF THE MERCK COMMON STOCK FUND BETWEEN OCTOBER 1, 1998, AND SEPTEMBER 30, 2004, INCLUSIVE (THE “SETTLEMENT CLASS”).

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