FTC Challenges Consummated Drug Acquisition; Two Commissioners Suggest Sale to Firm Unconstrained by Reputation to Keep Prices Low Could Violate Section 7
23 December 2008
Mayer Brown Legal Update
23 December 2008 - Signs of aggressive new merger enforcement positions are evident in the Federal Trade Commission's challenge of the acquisition of a drug to treat a heart condition in premature babies. In Federal Trade Commission v. Ovation Pharmaceuticals, Inc., No. 08-cv-06379-JNE-JJG (D. Minn. Dec. 16, 2008), the FTC alleges that the acquisition, which has already been consummated, made Ovation the owner of the only two drugs currently approved to treat this condition.