The US District Court for the District of Minnesota dismisses the US FTC complaint seeking divestiture and disgorgement remedy in consummated acquisition in the healthcare industry (Lundbeck)

In a decision that was filed under seal in late August but released publicly just last week, the U.S. District Court for the District of Minnesota dismissed with prejudice the complaint filed by the Federal Trade Commission (FTC) and the State of Minnesota challenging the already-consummated acquisition by Lundbeck, Inc. (formerly Ovation Pharmaceuticals, Inc.) of the pharmaceutical product NeoProfen from Abbott Laboratories. The FTC and Minnesota alleged that the acquisition substantially lessened competition between NeoProfen and Lundbeck‘s previously acquired product Indocin IV. Following trial on the merits, the District Court held that the FTC and Minnesota failed to prove that NeoProfen and Indocin IV are in the same relevant product market. The decision highlights the