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FTC Streamlines Approval Process for Minor Changes to Divestiture-Related Contracts
Ovation Pharmaceuticals, Inc. d/b/a
In 2006, Ovation Pharmaceuticals, manufacturer of Indocin, a drug used in the treatment of patent ductus arteriosus, a congenital heart defect usually found in severely underweight premature babies, purchased the rights to the drug NeoProfen, a drug about to receive FDA approval for the treatment of the same condition which effects approximately 30,000 babies per year in the United States. After its FDA approval, Ovation released its NeoProfen treatment, charging similar prices. According to the Commission’s complaint, Ovation’s acquisition was intended to maintain its monopoly in the market for this treatment, and the Commission sought divestiture of assets related to one of the two treatments, and also disgorgement of all unlawfully obtained profits from the sale of these two treatments. In August 2010, the district court dismissed the complaint, finding that the two drugs were in separate product markets. The Commission, along with the State of Minnesota, has appealed the court’s ruling to the Eighth Circuit. On August 19, 2011 the Eighth Circuit affirmed the district court's decision. FTC and Minnesota filed a petition for rehearing en banc on October 3, 2011, and the petition was denied. The FTC closed its investigation.
FTC Puts Conditions on Perrigo's Proposed Acquisition of Paddock Labs
FTC Approves Final Order Settling Charges That Grifols, S.A.'s Acquisition of Talecris Biotherapeutics Holding Corp. Was Anticompetitive
FTC Settles Charges That Cardinal Health's Purchase of Biotech Was Anticompetitive
Administrative Law Judge Concludes That North Carolina Dental Board Illegally Blocked Non-Dentists from Providing Teeth Whitening Services
FTC Approves Final Order Settling Charges That Irving Oil's Acquisition of ExxonMobil Assets in Maine Was Anticompetitive; FTC Approves Final Order Settling Charges of Anticompetitive Conduct Against Southwest Health Alliances, Inc.
Irving Oil Limited and Irving Oil Terminals Inc., In the Matter of
The Commission required Irving Oil Terminals Inc. and Irving Oil Limited to relinquish the rights to terminal and pipeline assets in Maine that Irving acquired from ExxonMobil, to maintain competition in gasoline and distillates terminaling services in the South Portland and Bangor/Penobscot Bay areas. The proposed settlement resolves the FTC’s charges that the acquisition is anticompetitive and could result in higher gasoline and diesel prices for consumers.
FTC, DOJ Announce Changes to Streamline the Premerger Notification Form
FTC Approves Tops Markets' Application to Divest Three Former Penn Traffic Supermarkets in New York and Pennsylvania, Finalizes Modified Settlement Order
Simon Property Group, Inc., In the Matter of
Under the terms of the settlement, Simon Property Group, Inc. is required to divest property and modify tenant leases to preserve outlet center competition in parts of southwest Ohio, Chicago, Illinois, and Orlando, Florida, in the wake of Simon’s purchase of Prime Outlets Acquisition Company, LLC. In addition, Simon has agreed to remove radius restrictions for tenants with stores in its outlet malls serving the Chicago and Orlando markets.
FTC Seeks Public Comment on ConocoPhillips' Application to Modify Final Commission Order and to Approve Amended Licensing Agreements with Holly Corp.
FTC Denies Dow Chemical's Application to Modify its 2009 Consent Order Requiring Sale of Chemicals Facility in California
Hikma Pharmaceuticals PLC, In the Matter of (Baxter)
The Commission required Hikma Pharmaceuticals PLC (Hikma) to divest two generic injectable pharmaceuticals – phenytoin and promethazine – as part of a settlement allowing it to acquire certain assets from Baxter Healthcare Corporation, Inc. (Baxter). Hikma proposes to acquire Baxter’s entire generic injectable pharmaceutical business for $111.5 million, including Baxter’s Cherry Hill, New Jersey, manufacturing facility and a warehouse and distribution center in Memphis, Tennessee. Phenytoin is an anti-convulsant drug used to control and prevent seizures during or after surgery and Promethazine is used to prevent some types of allergies or allergic reactions, to prevent or control motion sickness, nausea, vomiting, and dizziness, and to help patients go to sleep and control their pain or anxiety before or after surgery.
FTC Approves Final Order Settling Charges that Hikma Pharmaceuticals PLC's Acquisition of Baxter Healthcare Assets was Anticompetitive
FTC Staff Submits Comment to FERC on Assessing the Effects of Proposed Horizontal Mergers on Market Power
FTC Approves Universal Health Services' and Psychiatric Solutions' Application to Sell the Delaware Behavioral Health Assets
FTC Seeks Public Comment on Universal Health Services' Application to Sell Las Vegas Psychiatric Facilities
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