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In Re Bystolic Antitrust Litigation

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Federal Court
U.S. Circuit Court of Appeals for the Second Circuit
The Commission urges the Second Circuit to reverse the district court’s decision dismissing the private plaintiffs’ reverse-payment complaints for failure to state a claim and clarifies the...

Hikma Pharmaceuticals/Custopharm

As a condition of Hikma Pharmaceuticals PLC’s $375 million acquisition of generic drug services company Custopharm, Inc., the Federal Trade Commission required Custopharm’s parent company, private equity fund Water Street Healthcare Partners, LLC to retain and transfer Custopharm’s assets related to the corticosteroid drug triamcinolone acetonide, or TCA, to another company Water Street owns, Long Grove Pharmaceuticals, LLC. According to the complaint, absent a remedy, Hikma likely would have stopped developing its injectable TCA product, forestalling the increased price competition it would have brought to the market. Thus without this remedy, the acquisition likely would have harmed future competition in the U.S. market for injectable triamcinolone acetonide.

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