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
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