Amgen has agreed with the Federal Trade Commission to proceed with its $27.8 billion acquisition of Horizon Therapeutics.
The pharmaceutical giant effectively avoided a trial initially scheduled for September.
The US antitrust regulator accepted Amgen’s proposal, subject to several conditions.
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Amgen should refrain from pressuring insurance firms and pharmacies to bundle two of Horizon’s medications with its top-selling drugs.
The FTC filed a complaint in May in the US District Court for the Northern District of Illinois to block the merger, citing anticompetitive concerns.
This marked the first time in 14 years that the commission had taken legal action against a pharmaceutical merger.
The dispute centered around Horizon’s Tepezza, a treatment for thyroid eye disease, and Kystexxa, used for chronic refractory gout.
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Both drugs are the sole FDA-approved options for their respective conditions.
The FTC’s primary concern was that Amgen’s acquisition would hinder competition.
It could limit consumer access to more affordable medications offered by competitors.
Amgen said it “has consistently stated to the FTC, the courts and the public that it has no reason, ability or intention to bundle Horizon’s (Tepezza or Krystexxa) with any of its products.
“This narrow assurance … will have no impact on Amgen’s business.”
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Under the settlement, Amgen is obliged to inform the FTC of any plans to acquire medications targeting thyroid eye disease or chronic refractory gout.
Prior approval from the FTC will be necessary for Amgen to acquire other companies producing such medicines.
These provisions will remain in effect until 2032.
Amgen expects to finalize Horizon Therapeutics merger later this year.
