Announced Action for January 11, 2005

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Commission appointment of interim monitor: The Commission has approved the appointment of Quantic Regulatory Services, LLC (Quantic) as interim monitor in the matter concerning Cephalon, Inc.’s (Cephalon) acquisition of Cima Labs, Inc., and has approved an interim monitor agreement between Cephalon and Quantic. Under the consent order allowing this transaction, the companies are required to license and deliver to Barr Laboratories, Inc. (Barr) certain intellectual property and business information and know-how related to the drug Actiq (oral optoid fentanyl). Due to the complexity of successfully transferring these assets to Barr and the need to ensure this transfer is completed in a timely manner, Cephalon has agreed to the appointment of the interim monitor and the monitor agreement.

The Commission vote appointing the interim monitor and approving the interim monitor agreement was 4-0-1, with Commissioner Pamela Jones Harbour recused. (FTC File No. C-4121; the staff contact is David A. von Nirschl, Bureau of Competition, 202-326-3213; see press release dated August 9, 2004.)

Copies of the documents mentioned in this release are available from the FTC’s Web site at and also from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.

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