FTC Approves Final Order Settling Charges that Endo Health Solutions’ Acquisition of Boca Life Sciences Was Anticompetitive

Following a public comment period, the Federal Trade Commission has approved a final consent order settling charges that Endo Health Solutions’ acquisition of Boca Life Sciences would likely reduce competition in U.S. markets for seven generic drugs.

According to the FTC’s complaint, first announced in January 2014, Endo’s acquisition of Boca as originally proposed likely would cause U.S. consumers to pay significantly higher prices for these generic drugs. Boca is the exclusive marketer and distributor of four prescription multivitamin drop products owned and manufactured by Sonar Products, Inc., competing with Endo prescription multivitamin drops. The complaint states that the proposed acquisition also would eliminate one likely future entrant from a very limited pool of future entrants in each of three other generic drug markets under development. More information about the market shares of both companies and their competitors can be found in the analysis to aid public comment for this matter.

Under the final consent order approved by the FTC, the companies will relinquish their rights to market and distribute four generic multivitamin fluoride drops for children to Sonar, and will sell the three other generic drugs in development. The Commission vote approving the final consent order was 4-0. (FTC File No. 131-0225; the staff contact is Jacqueline K. Mendel, Bureau of Competition, 202-326-2603)

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., N.W., 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.