Clear Skies on the Horizon for Amgen’s Planned Acquisition

  • Amgen Inc. is settling challenges by six Democratic AGs and the FTC to its proposed acquisition of Horizon Therapeutics plc.
  • As we previously reported, the AGs and the FTC alleged that the acquisition was anticompetitive, as it would allow Amgen to leverage its large market share to foreclose competition against certain Horizon Therapeutic treatments for two autoimmune diseases: thyroid eye disease (TED) and chronic refractory gout (CRG).
  • The settlement agreement prohibits Amgen from using bundling or rebates to disadvantage competitors to Horizon Therapeutic’s TED and CRG drugs, and requires Amgen to obtain FTC approval if it seeks to acquire any products or interests in businesses engaged in treatment of TED or CRG, among other things.