The US FTC imposes the divestiture of assets for one product and the licensing of patents for two other products prior to approving a merger in the pharmaceuticals industry (Amgen / Immunex)

Amgen Inc. and Immunex Corporation entered into a consent decree with the FTC on September 3, 2002 in order to proceed with the merger of the two pharmaceutical giants. To obtain clearance from the FTC, Amgen and Immunex agreed to divest Immunex’s business concerning the production of one medication, as well as license key patents to upcoming competitors for their continued development of two other crucial medications. The FTC had determined, in its analysis, that a combined Amgen/Immunex would cause anticompetitive effects in the markets for neutrophil regeneration factors, Tumor Necrosis Factor (“TNF”) inhibitors, and Interleukin-1 (“IL-1”) inhibitors. Neutrophil regeneration factors increase the white blood cell count for cancer patients, who need to build up

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Katherine Whitehead Miller, The US FTC imposes the divestiture of assets for one product and the licensing of patents for two other products prior to approving a merger in the pharmaceuticals industry (Amgen / Immunex), 3 September 2002, e-Competitions September 2002, Art. N° 53069

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