FTC Applies its Merger Remedy Best Practices and Announces a New Divestiture Principle in Recent Pharmaceutical Enforcement Action* On April 27, 2018, the Federal Trade Commission (“FTC”) announced a proposed consent agreement with Amneal Pharmaceuticals LLC (“Amneal”) and Impax Laboratories, Inc. (“Impax”) to settle charges that Amneal’s acquisition of Impax would likely harm competition in a number of generic pharmaceutical markets. [1] Under the proposed settlement, Amneal must divest Impax’s rights or assets for ten generic pharmaceutical products to three divestiture buyers: ANI Pharmaceuticals, Inc. (“ANI”), Perrigo Company plc (“Perrigo”), and G&W Laboratories (“G&W”). The FTC’s proposed consent agreement in this matter reinforces principles it announced in a recent Merger Remedies
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The US FTC conditionally clears a merger subject to divestitures in the pharmaceutical market (Amneal / Impax)
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