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America September 1, 2023 3 mins read

Amgen $28B Horizon Deal : Acquisition Greenlit Amidst FTC Scrutiny

America ı By Rihem Akkouche

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Amgen $28B Horizon deal

In a suspenseful turn of events, the Federal Trade Commission (FTC) announced on Friday that it had inked a deal with pharmaceutical colossus Amgen Inc. The pact not only permits Amgen to move forward with its whopping $27.8 billion Horizon Therapeutics buyout, but also effectively sidesteps legal wrangling with the FTC and six state attorneys general.

Amgen $28B Horizon Deal: The Allegations and Consequences

Peeling back the layers of this legal onion, the FTC had set forth a consent order proposal with Amgen. The heart of the matter? Accusations that Amgen's potential takeover of Horizon would essentially squeeze out competitors. Drawing an analogy to a giant stifling the voice of smaller entities, the FTC claimed that Amgen's acquisition might give it the upper hand. This potential leverage, they argued, would allow Amgen to corner insurance outfits and pharmacy benefit managers, pushing them towards Horizon's exclusive medications: Tepezza and Krystexxa. These medications are the silver bullets for ailments like thyroid eye disease and chronic refractory gout.

Furthermore, the agency raised eyebrows at Amgen's potential "cross-market bundles" rebate schemes, suggesting they might tilt the scales against smaller pharmaceutical rivals.

Amgen $28B Horizon Deal: The Strings Attached

As the old adage goes, there's no free lunch. Amgen's acquisition comes with its set of caveats. Central to these is an explicit prohibition: Amgen cannot dip its toes into any acquisition related to TED or CRG treatments without prior consent from the FTC.

 A New Dawn for Both Companies

In a joint proclamation, Amgen and Horizon expressed relief and optimism. The two giants stated that this agreement paves the way for the deal's ultimate culmination, targeting a close in the year's final quarter. Despite the storm of contention, Amgen was forthright in its intentions. The company emphasized its lack of intent to bundle Tepezza and Krystexxa, while eyeing the broader horizon of serving global patients afflicted with rare diseases.

 Political Undertones and Broader Implications

The FTC's resistance to this merger was not born in a vacuum. It traces back to a clarion call by Sen. Elizabeth Warren, who implored the FTC to rigorously evaluate such mammoth deals for their potential ripple effects on competition, innovation, and consumer expenses.

FTC Chair Lina Khan weighed in, highlighting this case as a testament to the evolving nature of FTC's scrutiny on pharma mergers. Khan observed the changing landscape, noting a rising trend wherein even non-competing pharma giants, like Amgen and Horizon, could potentially throttle competition.

An interesting nugget to chew on: this marks the FTC's first obstacle to an "unconsummated pharmaceutical merger" in over a decade and a half.

Amgen $28B Horizon Deal : Future Watchdogs

Going forward, Amgen won't just have the FTC's eyes on them. The six state attorneys general, initially in contention, will act as independent sentinels, ensuring Amgen plays by the rules. This includes unfiltered access to the company's documents and reports.

Meanwhile, the FTC has thrown open the gates for public discourse, inviting comments on the proposed order for the next month.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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