FTC Approves Final Order Settling Charges that Actavis, Inc.’s Acquisition of Warner Chilcott plc Would Be Anticompetitive in Four Current and Future Drug Markets

Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Actavis, Inc’s proposed acquisition of Warner Chilcott plc would reduce competition in the U.S. markets for four current and future pharmaceuticals. They are:

• Generic Femcon FE, a chewable oral contraceptive tablet that contains progestin and estrogen;
• Loestrin 24 FE and its generic equivalents, which are low-dose progestin/estrogen combination oral contraceptives;
• Lo Loestrin FE and its generic equivalents, which are also progestin/estrogen combination oral contraceptives; and
• Atelvia and its generic equivalents, which are delayed-release tablets used to treat post-menopausal osteoporosis.

Under the FTC’s order, first announced in September, Actavis will sell all rights and assets to the three oral contraceptives and the osteoporosis treatment to New Jersey-based Amneal Pharmaceuticals L.L.C. Actavis also will relinquish its claim to first-filer marketing exclusivity for generic Lo Loestrin FE and Atelvia to preserve the incentives of the companies currently leading the patent litigations against Warner Chilcott related to those products. In the markets for Lo Loestrin FE and Atelvia, Warner Chilcott sells the branded drugs, but no company currently sells a generic version. By relinquishing its first-filer status, the merged firm cannot act to delay the introduction of a generic version of these two products.

The Commission vote approving the final order was 4-0. (FTC File No. 131-0152, Docket No. C-4414; the staff contact is Kari Wallace, Bureau of Competition, 202-326-3085)

The FTC’s Bureau of Competition works with the Bureau of Economics to investigate alleged anticompetitive business practices and, when appropriate, recommends that the Commission take law enforcement action. To inform the Bureau about particular business practices, call 202-326-3300, send an e-mail to antitrust{at}ftc{dot}gov, or write to the Office of Policy and Coordination, Bureau of Competition, Federal Trade Commission, 601 New Jersey Ave., Room 7117, Washington, DC 20001. To learn more about the Bureau of Competition, read Competition Counts. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.