FTC Requires Divestitures to Keep Animal Health Markets Competitive

  • The Federal Trade Commission (“FTC”) reached an agreement with animal health products supplier Elanco Animal Health, Inc. (“Elanco”) after determining that Elanco’s proposed acquisition of Bayer Animal Health, Inc., would harm competition and violate the FTC Act and the Clayton Act.
  • The complaint alleged that the proposed $7.6 billion acquisition would likely harm competition in low-dose prescription treatment for canine otitis, an inflammatory ear condition in dogs; in fast-acting flea-killing oral treatments for dogs; and in brand-name cattle pour-on insecticides.
  • Under the terms of the final order, Elanco will fully divest, within 10 days of its acquisition of Bayer Animal Health, its canine otitis treatment to Dechra Limited, its fast-acting flea-killing treatment for dogs to PetIQ, LLC, and its brand name cattle pour-on insecticide to Neogen Corporation. The order also appoints a monitor to observe and report Elanco’s compliance with its obligations under the order.