FTC’s Test Case Opposing Amgen-Horizon Deal Ends With No-Bundling Agreement
Commission pursued merger challenge to halt pharma practices it believes can stifle competition and keep drug prices high. Other large biopharma transactions may face similar challenges as FTC pursues its new merger program.
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BIO objects to guidelines seeking to block mergers that would eliminate a potential entrant in a concentrated market and give greater scrutiny to transactions that are part of a series of company deals. APhA and NCPA call for FTC to consider more factors in PBM mergers.
Merger reviews could take into account sponsor's Orange Book behavior. FTC's statement does not detail what would make a patent listing 'improper' but the precedents from court cases against various sponsors should offer industry some guideposts.
The FTC’s proposed consent order allowing Amgen to move ahead with its mammoth takeover of Horizon includes an interesting stipulation for industry – one involving biosimilars.