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Articles Posted in future competition

FTC Provides Guidance on How to Resolve Future Competition Concerns in Generic Pharmaceutical Deals
Doyle, Barlow & Mazard PLLC

On April 27, 2018, the FTC announced that Amneal Pharmaceuticals LLC (“Amneal”) may complete its acquisition of an equity share in Impax Laboratories Inc. (“Impax”) so long as Impax divests its rights and assets for ten products to three separate companies. The FTC concluded that the proposed acquisition would have reduced competition in three markets…

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FTC Says No More Divestitures of Complex Pipeline Products to Resolve Future Competition Concerns in Pharmaceutical Mergers
Doyle, Barlow & Mazard PLLC

On February 2, 2018, Bruce Hoffman, the Federal Trade Commission’s (“FTC”) acting Director of the Bureau of Competition, announced at the Global Competition Review Seventh Annual Antitrust Law Leaders Forum that the FTC will no longer accept divestitures of inhalant and injectable pipeline drugs in pharmaceutical mergers.  Historically, the FTC had accepted divestiture of pipeline…

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FTC Challenges Deal Based on Future Competition Concerns
Doyle, Barlow & Mazard PLLC

On May 29, 2015, the Federal Trade Commission (“FTC”) issued an administrative complaint alleging that Steris Corporation’s (“Steris”) proposed $1.9 billion acquisition of Synergy Health plc (“Synergy”) would violate the antitrust laws by significantly reducing future competition in regional markets for sterilization of products using radiation, particularly gamma or x-ray radiation. Background On October 13,…

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Mergers That Diminish Innovation Present Deal Risk
Doyle, Barlow & Mazard PLLC

On April 27, 2015, the Department of Justice’s (“DOJ”) Antitrust Division released a statement regarding Applied Materials Inc. (“AMAT”) and Tokyo Electron’s (“TEL”) joint announcement that they abandoned their merger.  The Antitrust Division’s statement indicates that the transaction was blocked because the combination would have diminished innovation.  In other words, the Antitrust Division was concerned…

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