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1605001 Informal Interpretation

Date
Rule
801.13, 803.7, 803.9, 803.10
UPDATE January 24, 2017: As noted below, the PNO allows amended filings in certain circumstances. Prior to submitting an amended filing, please contact the PNO to confirm that your facts allow for an...

Lupin Ltd., et al., In the Matter of

Generic drug manufacturers Lupin Ltd. and Gavis Pharmaceuticals LLC agreed to sell the rights and assets for two generic drugs, in order to settle FTC charges that Lupin’s proposed $850 million acquisition of Gavis would likely be anticompetitive.The merger would have combined two of only four companies that currently market generic doxycycline monohydrate capsules in two dosage strengths, used to treat bacterial infections, likely resulting in higher prices. The merger also would have eliminated one of only a few companies likely to enter the market for  generic mesalamine extended release capsules, used to treat ulcerative colitis, in the near future, thereby delaying beneficial competition and the prospect of price decreases. Under the terms of the order, Lupin is required to transfer to G&W Laboratories all of Gavis’s rights and assets related to generic doxycycline monohydrate capsules no later than ten days after the acquisition is consummated. The order also requires that Gavis divest its rights and assets related to generic mesalamine capsules to G&W before the acquisition takes place.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
151 0202
Docket Number
C-4566