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Bristol-Myers Squibb Company and Celgene Corporation, In the Matter of
Pharmaceutical and biologic manufacturers Bristol-Myers Squibb Company and Celgene Corporation agreed to divest Celgene’s Otezla, the most popular oral treatment in the United States for moderate-to-severe psoriasis, for $13.4 billion. The divestiture settled Federal Trade Commission charges that BMS’s proposed $74 billion acquisition of Celgene would violate federal antitrust law. Under the terms of the proposed consent order, the parties were required to divest Celgene’s worldwide Otezla business – including its regulatory approvals, intellectual property, contracts, and inventory – to Amgen, Inc. no later than 10 days after consummating the proposed acquisition. On Nov. 12, 2021, the Commission announced that it has approved certain modifications to Bristol Meyers Squibb’s divestiture agreements.
FTC Approves Final Order Requiring Divestitures of Hundreds of Retail Gas and Diesel Fuel Stations Owned by 7-Eleven, Inc.
FTC Requires Generic Drug Marketers ANI Pharmaceuticals, Inc. and Novitium Pharma LLC to Divest Rights and Assets to Two Generic Products as Condition of Merger
DaVita Inc. and Total Renal Care, Inc., In the Matter of
The Federal Trade Commission issued a proposed order imposing strict limits on future mergers by DaVita, Inc., a dialysis service provider with a history of fueling consolidation in life-saving health industries. The complaint alleged that DaVita’s proposed acquisition of the University of Utah Health’s dialysis clinics would reduce competition in vital outpatient dialysis services in the Provo, Utah market. Under the proposed order, DaVita is required to divest three Provo-area dialysis clinics to Sanderling Renal Services, Inc. and is prohibited from entering into or enforcing non-compete agreements and other employee restrictions.
FTC Requires Northeast Supermarkets Price Chopper and Tops Market Corp. to Sell 12 Stores as a Condition of Merger
FTC Approves Fiscal Year 2020 Hart-Scott-Rodino Premerger Notification Report
Hackensack Meridian Health, Inc. and Englewood Healthcare Foundation
The Federal Trade Commission filed an administrative complaint and authorized a suit in federal court, to block Hackensack Meridian Health, Inc.’s proposed acquisition of Englewood Healthcare Foundation. The complaint alleges that the merged healthcare system would control three of the six inpatient general acute care hospitals in Bergen County, New Jersey. The proposed acquisition would eliminate close competition between Hackensack Meridian Health and Englewood in Bergen County and leave insurers with few alternatives for inpatient general acute care services, which encompass a broad range of inpatient medical and surgical diagnostic and treatment services that require an overnight hospital stay. The administrative trial will begin 30 days after the Third Circuit Court of Appeals rules on the appeal of the Preliminary Injunction.
FTC Requests Public Comment on Petition from Sartorius Stedim Biotech S.A. for Agency Approval of Its Acquisition of Chromatography Equipment Business of Novasep Process SAS
Statement of the Commission on the Use of Prior Approval Provisions in Merger Orders
FTC Imposes Strict Limits on DaVita, Inc.’s Future Mergers Following Proposed Acquisition of Utah Dialysis Clinics
FTC to Restrict Future Acquisitions for Firms that Pursue Anticompetitive Mergers
Petition of Respondent DTE Energy Company To Reopen and Modify Decision and Order
FTC Requests Public Comment on DTE Energy Company’s Application to Modify Final Order Settling Competition Concerns Related to Natural Gas Joint Venture
Federal Trade Commission Withdraws Vertical Merger Guidelines and Commentary
Statement of the DOJ Antitrust Division and FTC on Preserving Competition in the Wake of Hurricane Ida
Open Commission Meeting – September 15, 2021
FTC Announces Tentative Agenda for September 15 Open Commission Meeting
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