In an important development in the biopharmaceutical industry, it appears that the obstacles before Amgen Inc.’s proposed acquisition of Horizon Therapeutics are clearing up. At the center of the conflict were impediments from six Democratic Attorneys General (AGs) and the Federal Trade Commission (FTC), all opposing the planned venture on the grounds of competition violation. These public entities held the view that this merger, if approved, could lead to anti-competition activities from the pharmaceutical giant.
Critics argued that Amgen’s vast market influence might be hazardous as it could foreclose competition against certain Horizon Therapeutic treatments for two autoimmune diseases. These diseases include thyroid eye disease (TED) and chronic refractory gout (CRG), both of which are incredibly challenging to manage, hence the importance of the cures that Horizon provides.
However, these crippling allegations appear to be nearing a resolution with Amgen’s recent approach. It seems that the company is successfully managing to settle the complaints against it. If this is indeed the case, the pharmaceutical industry and especially those with an eye on their conglomerates, should expect significant changes in the market dynamics following this acquisition.
It’s essential to consider that, though Amgen may have cleared the current legal challenges, merging with Horizon is still quite a significant step. Both the immediate legal implications, concerning anti-competitive laws, and the long-term changes to the market that this could potentially bring, are of paramount importance to legal professionals in this space.
For more information and in-depth look at the recent developments regarding Amgen’s acquisition of Horizon, please consult the report prepared by Cozen O’Connor available here.