FTC Final Order with Baxter International and Claris Lifesciences Preserves U.S. Competition for the Injectable Drugs Intravenous Fluconazole and Intravenous Milrinone

Following a public comment period, the Federal Trade Commission has approved a final order designed to remedy the anticompetitive effects resulting from Baxter’s proposed $625 million acquisition of Claris’ injectable drugs business.

As announced in July 2017, the complaint alleges Baxter’s proposed acquisition would likely reduce current competition in the U.S. market for the antifungal agent fluconazole, in saline intravenous bags, as well as future competition in the U.S. market for intravenous milrinone, which dilates the blood vessels, lowers blood pressure and allows blood to flow more easily through the cardiovascular system.  

The consent order requires the parties to divest all of Claris’s rights to fluconazole in saline intravenous bags and milrinone in dextrose intravenous bags to New Jersey-based pharmaceutical company Renaissance Lakewood LLC.

The Commission vote approving the final order was 2-0. (FTC File No. 171 0052; the staff contact is Kari Wallace, Bureau of Competition, 202-326-3085.)

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