The US District Court for the District of Minnesota rules against the FTC by holding that it has failed to prove the relevant market requirement in a pharmaceutical merger case (Lundbeck)

FTC Loses Suit against Drug Maker over 2006 Acquisition* The Federal Trade Commission recently suffered a significant setback in its merger enforcement efforts when the federal district court in Minneapolis rejected an action brought by the agency along with the State of Minnesota against global pharmaceutical company Lundbeck, Inc. In December 2008, the FTC and Minnesota filed a complaint against Ovation Pharmaceuticals, Inc., which was later acquired by Lundbeck. The suit challenged the company’s 2006 acquisition of the rights to market NeoProfen (injectable ibuprofen)—a drug used to treat premature infants with a heart condition known as patent ductus arteriosus (PDA). The FTC alleged violations of the FTC Act and Sec. 7 of the Clayton Act and sought equitable relief, including

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  • Wolters Kluwer (Riverwoods)

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Jeffrey May, The US District Court for the District of Minnesota rules against the FTC by holding that it has failed to prove the relevant market requirement in a pharmaceutical merger case (Lundbeck), 31 August 2010, e-Competitions August 2010, Art. N° 36115

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