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FTC Issues Modified Final Order Imposing Conditions on Merger of International Industrial Gas Suppliers Praxair, Inc. and Linde AG
Last Remaining Defendant Settles FTC Suit that Led to Landmark Supreme Court Ruling on Drug Company “Reverse Payments”
Watson Pharmaceuticals, Inc., et al. (FTC v. Actavis)
On 2/2/2009, the Commission filed a complaint in federal district court challenging and agreement between Solvay Pharmaceuticals and two generic drug manufacturers in which Solvay paid for the delayed release of generic equivalents to its own testosterone-replacement drug, AndroGel, typically used in the treatment of men with low testosterone levels due to advanced age, certain cancers, and HIV/AIDS. According to the Commission’s complaint, in an effort to prevent Watson Pharmaceuticals and Par Pharmaceuticals from acquiring patents for their competing testosterone replacement drugs, Solvay paid the companies to delay entry for a nine year period, ending in 2015.
This case was transferred from the United States District Court for the Central District of California to the Northern District of Georgia. The district court dismissed the Commission's complaint, and the Eleventh Circuit affirmed, holding that anticompetitive effects within the scope of patent protection are per se legal under the antitrust laws.
On 10/4/2012, the FTC filed a writ of certiorari to the Supreme Court. On June 17, 2013, the Supreme Court reversed the 11th Circuit, rejecting the scope of the patent test and permitting antitrust review of reverse payment patent settlement agreements.
There are three related administrative proceedings:
FTC Extends Public Comment Periods for Some Sessions of its Hearings Initiative
FTC’s Bureau of Competition Launches Task Force to Monitor Technology Markets
FTC Approves Supervalu Inc.’s Application to Sell 2 Supermarkets Operating under the Shop ’n Save Banner in Virginia and West Virginia
FTC Approves Final Order Imposing Conditions on Joint Venture among Three Producers of PET Resin
FTC Approves Application from Praxair and Linde for Sale of an Industrial Gases Plant to LyondellBasell Acetyls, LLC
FTC Announces Agenda for the Tenth Session of its Hearings on Competition and Consumer Protection in the 21st Century
FTC Approves Final Order Imposing Conditions on Penn National Gaming, Inc.’s Acquisition of Pinnacle Entertainment, Inc.
Penn National Gaming and Pinnacle Entertainment, In the Matter of
The FTC required casino operators Penn National Gaming, Inc. and Pinnacle Entertainment, Inc. to divest casino-related assets in three Midwestern cities to resolves charges that Penn’s $2.8 billion agreement to acquire Pinnacle likely would be anticompetitive. The complaint alleges that the proposed acquisition would harm competition for casino services in metropolitan St. Louis, Missouri; Kansas City, Missouri; and Cincinnati, Ohio. Casino services include gaming services such as slots and table games, as well as related lodging, entertainment, and food and beverage services, according to the complaint. Typically, casino operators generate the vast majority of their revenues from gaming. Casinos are highly regulated, with a limited number of licenses granted in any given state, as well as age restrictions on who can gamble. According to the complaint, the acquisition, if consummated, likely would eliminate direct competition between Penn and Pinnacle, increasing the likelihood that Penn would unilaterally exercise market power, and lead to higher prices and reduced quality for consumers of casino services.
FTC Requires Fresenius Medical Care AG & KGaA and NxStage Medical, Inc. to Divest Bloodline Tubing Assets to B. Braun Medical, Inc. as a Condition of Merger
FTC Enters Global Settlement to Resolve Reverse-Payment Charges against Teva
FTC Announces Annual Update of Size of Transaction Thresholds for Premerger Notification Filings and Interlocking Directorates
Defendants in “Cash From Home” Business Opportunity Scheme Settle with FTC
FTC Announces March 2019 Session on International Engagement as Part of its Hearings on Competition and Consumer Protection in the 21st Century
FTC Announces New Sessions of its Hearings on Competition and Consumer Protection in the 21st Century
FTC Hearing #11: The FTC’s Role in a Changing World
FTC Approves Application from Praxair and Linde for Sale of an Industrial Gases Plant to Celanese Ltd.
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