FILE - In this Aug. 12, 2005 file photo, a man passes the Logo of Swiss pharmaceutical company Novartis at the company's headquarters in Basel, Switzerland. Novartis AG reported a jump in fourth-quarter net profit to $2.08 billion Wednesday Jan. 23, 2013, citing the lack of a $900-million one-time charge it took in the same period the previous year. (AP Photo/Keystone, Steffen Schmidt, file)
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FILE - In this Aug. 12, 2005 file photo, a man passes the Logo of Swiss pharmaceutical company Novartis at the company's headquarters in Basel, Switzerland. Novartis AG reported a jump in fourth-quarter net profit to $2.08 billion Wednesday Jan. 23, 2013, citing the lack of a $900-million one-time charge it took in the same period the previous year. (AP Photo/Keystone, Steffen Schmidt, file)
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FILE - In this Tuesday, Dec. 11, 2012 file photo, an advertisement in the classified section of the Boston Herald newspaper calls attention to possible employment opportunities in Walpole, Mass. Economists forecast that employers added 155,000 jobs in December, according to a survey by FactSet. That would be slightly higher than November's 148,000. The unemployment rate is projected to remain at 7.7 percent. (AP Photo/Steven Senne, File)
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In this Wednesday, Dec. 12 2012 photo a job seeker leaves his contact information with a potential employer during a job fair in New York. More Americans sought unemployment benefits in the last week of 2012, though the winter holidays likely distorted the data for the second straight week. (AP Photo/Mary Altaffer)
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FILE - In this Tuesday, Dec. 11, 2012 file photo, an advertisement in the classified section of the Boston Herald newspaper calls attention to possible employment opportunities in Walpole, Mass. U.S. employers added 155,000 jobs in December, a steady gain that shows hiring held up during the tense negotiations to resolve the fiscal cliff. The solid job growth wasn’t enough to push down the unemployment rate, which remained 7.8 percent last month, the Labor Department said Friday, Jan. 4, 2013. The rate for November was revised up from an initially reported 7.7 percent. (AP Photo/Steven Senne, File)
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Floor traders check their handheld computers at the New York Stock Exchange in New York, Wednesday, Dec. 26, 2012. (AP Photo/Kathy Willens)
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President Barack Obama walks across the tarmac to board Air Force One at Honolulu Joint Base Pearl Harbor-Hickam, Wednesday, Dec. 26, 2012, in Honolulu, en route to Washington. With a yearend deadline looming before the economy goes off the so called fiscal cliff, the president is cutting short his traditional Christmas holiday in Hawaii. (AP Photo/Carolyn Kaster)
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FILE - In this Thursday, Nov. 22, 2012, file photo, a customer makes a purchase in the Times Square Toys-R-Us store in New York. U.S. retail sales rose 0.3 percent in November from October, the Commerce Department said Thursday. That offset a 0.3 percent decline in October from September. (AP Photo/John Minchillo, File)
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FILE - In this Oct. 28, 2012, file photo, Jessie Rivera, 10, of New York, brings pink sandbags to the door of the shop in New York. Americans cut back sharply on spending at retail businesses in October, an indication that some may still be cautious about the economy. Superstorm Sandy may have slowed business at the end of the month. The Commerce Department said Wednesday, Nov. 14, 2012, that sales dropped 0.3 percent after three months of gains. Auto sales fell 1.5 percent, the most in more than a year. (AP Photo/Craig Ruttle, File)
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In this Friday, Oct. 26, 2012, photo, people shop at a mall in Cheektowaga, N.Y., Friday, Oct. 26, 2012. Americans cut back sharply on spending at retail businesses in October, an indication that some may still be cautious about the economy. Superstorm Sandy may have slowed business at the end of the month. The Commerce Department said Wednesday, Nov. 14, 2012, that sales dropped 0.3 percent after three months of gains. Auto sales fell 1.5 percent, the most in more than a year.(AP Photo/David Duprey)
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FILE - In this Tuesday, Dec. 6, 2011, file photo, an Occupy Wall Street activist places tape on a boarded up house during a tour of foreclosed homes in the East New York neighborhood of the Brooklyn borough of New York. Goldman Sachs and Morgan Stanley announced Jan. 16, 2013, they will pay a combined $557 million to settle federal complaints that they wrongfully foreclosed on homeowners who should have been allowed to stay in their homes. (AP Photo/Mary Altaffer, File)
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FILE - In this Jan. 26, 2010 file photo Daniel Vasella, chairman of the board of Swiss pharmaceutical group Novartis, speaks during the annual results conference in Basel, Switzerland. The outgoing chairman of Swiss drug maker Novartis AG has agreed to cancel a much-criticized deal under which he stood to earn up to 72 million francs (US dollar 78 million) for not advising competitors over the coming years. The company's long-time chairman and former chief executive, is to step down at its annual general meeting on Feb. 22. (AP Photo/Keystone, Georgios Kefalas, File)
Novartis chairman foregoes $78 million payout
BERLIN (AP) — Swiss drugmaker
Novartis AG has agreed with its outgoing chairman to scrap plans for a farewell non-compete deal that could have netted him up to 72 million francs ($78 million).
The announcement followed criticism from some of the Basel-based company's shareholders and Swiss politicians.
Daniel Vasella, 59, who is retiring later this month, said Tuesday that he and the company had agreed to forgo a "non-compete" pay-out that many people found "unreasonably high."
"I have understood that many people in Switzerland find the amount of the compensation linked to the non-compete agreement unreasonably high, despite the fact I had announced my intention to make the net amount available for philanthropic activities," Vasella said in a statement.
News of the deal, under which Vasella would have earned up to 12 million francs a year for six years — almost the equivalent of his current basic salary — for not advising Novartis' competitors over the coming years, emerged last week. It was immediately met with a scathing response in Switzerland, where executive pay has become a sensitive issue recently.
The country holds a referendum March 3 on a proposal to give shareholders a greater say on how much companies pay top executives. It would also ban "golden parachutes" — an agreement between a company and senior executive which gives the manager certain benefits if their employment ends.
According to Novartis' 2012 annual report, Vasella's contract as chairman gave him a fixed salary of 12.4 million francs, a figure that it said reflects his "exceptional experience" and contribution to building the company.
Novartis said in the report that Vasella "carries forward tradable options, shares and benefits (including pension)" from his time as chief executive. It didn't put a figure on that.
Among the critics of Vasella's deal were the company's shareholders and Justice Minister Simonetta Sommaruga, the head of the Swiss Bishops' Conference, and even the most business-friendly of Switzerland's governing parties, the Free Democrats.
Novartis said that granting the payout to Vasella, its chairman since 1999, had been intended to protect the company. It noted that he knows its business "intimately," built its research and development organization and personally recruited most of the top executives.
"We continue to believe in the value of a non-compete," vice chairman Ulrich Lehner said in a statement. But he added that the decision to drop the deal "addresses the concerns of shareholders and other stakeholders."
Ahead of the March referendum, a survey conducted mid-January by the polling group gfs.bern found 65 percent of voters would back tightening rules on pay, with 25 percent against and 10 percent undecided. The survey questioned 1,217 people and had a margin of error of 2.9 percent, gfs.bern said.
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