The U.S. Federal Trade Commission's decision on Friday to allow Amgen's takeover of Horizon Therapeutics was the latest setback to its stated goal of stricter antitrust enforcement, and instead paved the way for Amgen to gain drugs not subject to new price negotiations and possibly lower the company's tax burden. The move signals the FTC's uncertainty that a court would support its novel theory of future competition being disadvantaged by Amgen's "bundling" of drugs in negotiations with insurers. "I think there is some skittishness on whether to pursue this and develop new case law," said Abiel Garcia, a partner at Kesselman, Brantly & Stockinger and a former deputy attorney general in California's antitrust department.
Analysis-FTC Settlement Could Shelter Amgen From US Price Cuts, Taxes
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