Divided FTC Okays Mylan-Upjohn Merger But Election Outcome Could Impede Future Deals

Commissioners vote 3-2 that Mylan and Pfizer’s Upjohn can combine after divesting seven products; dissenting votes focus on price fixing allegations as commissioners Chopra and Slaughter criticize majority for not addressing government’s case against Pfizer and Mylan. Former FTC attorneys note that if Biden wins the presidential election, he could nominate one of the dissenters to FTC chair and give more traction to their views.

WASHINGTON, DC - MAY 4: Federal Trade Commission Headquarters in downtown Washington, DC on May 4, 2015.
FTC gives green light for Mylan's acquisiton of Pfizer's off-patent business in 3-2 vote

The US Federal Trade Commission cleared the way for Mylan N.V.’s acquisition of Pfizer Inc.’s Upjohn unit of mature brand and off-patent products, voting 3-2 that divestiture of seven products will resolve anticompetitive harms from the transaction. But in a sharp dissent, Commissioners Rohit Chopra and Rebecca Kelly Slaughter said government investigations and lawsuits against Pfizer and Mylan alleging market allocation and price fixing should have been considered.

The two Democratic commissioners have advocated that the Commission go beyond consideration of product overlaps in assessing the impact of pharma mergers and acquisitions, including drug pricing. They also opposed AbbVie Inc

Read the full article – start your free trial today!

Join thousands of industry professionals who rely on Pink Sheet for daily insights

  • Start your 7-day free trial
  • Explore trusted news, analysis, and insights
  • Access comprehensive global coverage
  • Enjoy instant access – no credit card required

More from Legal & IP

More from Pink Sheet

International Group Aims To Shape The Inevitable Future Of AI In Pharmacovigilance

 

Pharmacovigilance is a perfect rule-based and manual work-intensive playground for experimenting with AI. While some off-patent drug firms are already exploring new automation tools, regulation is lagging behind, leaving a gap for uncertainty.

Global Pharma Guidance Tracker - April 2025

 

Stay up to date on regulatory guidelines from around the world with the Pink Sheet’s Guidance Tracker. The complete Global Pharma Guidance Tracker, with sortable and searchable listings going back to 2014, is available online.

Medicare Negotiation Does Not Violate Due Process, Appeals Court Rules, Other Suits At Risk

 
• By 

Decision in AstraZeneca’s lawsuit against the Health and Human Services Department is a precedent-setting victory for the government and a blow to manufacturer efforts to block the price negotiation program.