FTC Approves Final Order Imposing Conditions on Merger of Generic Drug Marketers Amneal Pharmaceuticals LLC and Impax Laboratories Inc.

Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Amneal’s $1.45 billion acquisition of an equity share in Impax likely would be anticompetitive.

According to the complaint, which was first announced in April 2018, the acquisition likely would harm current competition in U.S. markets for three generic products: desipramine hydrochloride tablets; ezetimibe and simvastatin immediate release tablets; and felbamate tablets.

The acquisition also likely would harm future competition in U.S. markets for seven generic products: aspirin and dipyridamole extended release capsules; azelastine nasal spray; diclofenac sodium and misoprostol delayed release tablets; erythromycin tablets; fluocinonide-E cream; methylphenidate hydrochloride extended release tablets; and olopatadine hydrochloride nasal spray.

Under the settlement, ANI Pharmaceuticals, Inc. will acquire seven products. Perrigo Company plc will acquire Impax’s rights to two products that it had partnered with Impax to develop, manufacture, and sell. G&W Laboratories will acquire Impax’s marketing rights to one product that G&W manufactures for Impax.

The Commission vote approving the final order was 5-0. (The staff contact is Kari Wallace, Bureau of Competition, 202-326-3085)

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