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.

merger horizon
Federal Trade Commission reaches consent order allowing Amgen's acquisition of Horizon Therapeutics • Source: Shutterstock

The US Federal Trade Commission’s legal challenge to block Amgen, Inc.’s proposed acquisition of Horizon Therapeutics plc was resolved with the agency formalizing Amgen’s commitment not to bundle its products with Horizon’s orphan drugs. Future pharma mergers may face similar hurdles as the agency aims to curtail practices that could make it harder for rivals to compete post-merger.

The FTC announced on 1 September that it had reached an agreement-containing consent order which includes a decision...

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