The US FTC seeks disgorgement remedy in challenge against pharma company for illegally acquiring drugs used to treat premature babies with life-threatening heart condition (Ovation Pharmaceuticals)

Continuing a trend of increasing aggressiveness in antitrust enforcement, the Federal Trade Commission (FTC) is seeking disgorgement in a challenge to Ovation Pharmaceutical Inc.’s acquisition of the drug NeoProfen®, filed in the Minnesota District Court on Dec. 16, 2008. [1] In the past, the FTC has asserted that disgorgement should be applied cautiously and only in egregious cases. Ovation is only the second case in which the FTC has sought disgorgement in a case involving a merger, and like other recent cases brought by the FTC, demonstrates that it is committed to the vigorous exercise and expansion of its powers to enforce antitrust laws. While no court has awarded disgorgement to the FTC and its right to pursue disgorgement has not been conclusively established, the FTC has been

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Fordham Competition Law Institute - FCLI (New York)

Quotation

Steven C. Sunshine, James A. Keyte, The US FTC seeks disgorgement remedy in challenge against pharma company for illegally acquiring drugs used to treat premature babies with life-threatening heart condition (Ovation Pharmaceuticals), 16 December 2008, e-Competitions December 2008, Art. N° 45563

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