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FTC to Discuss Possible Settlement of Its Concerns About Amgen Purchase of Horizon

August 30, 2023

Amgen scored a win in its bid to acquire Horizon Therapeutics with the FTC withdrawing from adjudication of its challenge of the deal until Sept. 18, to allow for discussion of a possible settlement.

In May, the FTC filed a lawsuit in federal court to block the transaction, saying the deal would enable Amgen to use rebates on its existing blockbuster drugs to pressure insurance companies and pharmacy benefit managers into favoring Horizon’s two monopoly products — Tepezza (teprotumumab-trbw) to treat thyroid eye disease and Krystexxa (pegloticase) for treatment of chronic refractory gout.

Meanwhile, last week, Amgen and Horizon Therapeutics gained support from amicus briefs filed by PhRMA and the Biotechnology Innovation Organization (BIO) as well as from the International Center for Law & Economics (ICLE), written with 11 scholars of antitrust law and economics from various universities.

Read the PhRMA brief here.

Read the BIO et al brief here.

Read the ICLE and antitrust experts brief here.

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