Antitrust + Competition Life Sciences Quarterly Update – Q2 2022 | Goodwin

For these causes, it’s price maintaining a detailed eye on the Meta/Inside case, each for extra perception into the factual help for the FTC’s allegations, and for the judicial reception to those theories.

Transactions and Traits We Are Monitoring

  • Pfizer’s Potential Acquisition of International Blood Therapeutics: It’s reported that Pfizer is near buying the International Blood Therapeutics for $5.4 billion.  International Blood Therapeutics is a promising small pharmaceutical firm with a number of belongings in sickle cell illness, together with Oxbryta launched within the U.S. in 2020.  This is able to be the second excessive profile transaction in entrance of the FTC relating to sickle cell illness.  
  • CSL’s Proposed Acquisition of Vifor: On the time of our earlier replace, we had reported that the FTC seemed to be investigating the proposed CSL-Vifor transaction over the horizontal overlap within the scientific pipelines of the 2 firms in sickle cell illness, and usually between Vifor’s main iron-deficiency hematology franchise and CSL’s broad blood-plasma portfolio. The transaction nonetheless has not closed.
  • Rumored Merck-Seagen Transaction: Rumors have emerged about negotiations between Seagen, Inc. (Seagen) and Merck & Co (Merck).3 This deal may current fascinating points for the FTC, notably in mild of public feedback from each the Process Pressure and FTC management. Merck has an enviable oncology franchise, together with its checkpoint inhibitor Keytruda, indicated for plenty of stable tumors and lymphomas. The 2 firms have applications with overlapping indications however Seagen’s antibody-drug conjugates (ADC)4 expertise may very well be scientifically synergistic with Merck’s platform. The press protection additionally has pointed at questions across the potential impression of the acquisition on Seagen’s present collaboration with Bristol Myers Squibb.5 The deal is alleged to be probably price greater than $40 billion,6 which might make it the biggest pharmaceutical merger since AbbVie’s $63 billion acquisition of Allergan in 2019. Whereas that transaction finally cleared with divestitures, Democratic Commissioners Chopra and Slaughter (then within the minority) issued vigorous dissents. 

[1]https://www.ftc.gov/news-events/events/2022/06/future-pharmaceuticals-examining-analysis-pharmaceutical-mergers.

[2]FTC v. Meta Platforms, Inc., et al, Case 3:22-cv-04325, Grievance for a Non permanent Restraining Order and Preliminary Injunction Pursuant to Part 13(b) of the Federal Commerce Fee Act, July 27, 2022, https://www.ftc.gov/system/files/ftc_gov/pdf/221%200040%20Meta%20Within%20TRO%20Complaint.pdf

[3]As Merck closes in on Seagen, the FTC nears a key test on pharma deals | BioPharma Dive (https://www.biopharmadive.com/news/merck-seagen-deal-ftc-scrutiny/626740/)

[4]ADCs are designed to harness the concentrating on energy of antibodies to ship small molecule medication to the tumor. This progressive strategy to remedy provides significant efficacy whereas decreasing negative effects for sufferers. (see Antibody–Drug Conjugates (ADCs) and Other Technologies – Seagen)

[5]See Word 3.

[6]Merck is in talks to acquire Seagen in potential $40bn deal (ns-healthcare.com) (https://www.ns-healthcare.com/information/merck-isto-acquire-seagen-in-40bn-deal/); see additionally Merck nears $40B deal to buy Seagen: WSJ (fiercepharma.com) (https://www.fiercepharma.com/pharma/merck-nears-40b-deal-buy-seagen-wsj-will-ftc-rain-their-parade)

[7]FTC Approves Final Order Imposing Conditions on AbbVie Inc.’s Acquisition of Allergan plc | Federal Trade Commission (https://www.ftc.gov/news-events/news/press-releases/2020/09/ftc-approves-final-order-imposing-conditions-abbvie-incs-acquisition-allergan-plc, https://www.ftc.gov/system/files/documents/public_statements/1574583/191-0169_dissenting_statement_of_commissioner_rohit_chopra_in_the_matter_of_abbvie-allergan_redacted.pdf, https://www.ftc.gov/system/files/documents/public_statements/1574577/191_0169_dissenting_statement_of_commissioner_rebecca_kelly_slaughter_in_the_matter_of_abbvie_and_0.pdf).

 

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