FTC Merger Guidelines Cast ‘Perilous Shadow’ Over Biopharma

BIO objects to guidelines seeking to block mergers that would eliminate a potential entrant in a concentrated market and give greater scrutiny to transactions that are part of a series of company deals. APhA and NCPA call for FTC to consider more factors in PBM mergers.

Merger shadow
BIO and others recommend changes to FTC-DOJ proposed revision to merger guidelines. • Source: Shutterstock

The Biotechnology Innovation Organization is urging the US Federal Trade Commission to reconsider proposed revisions to merger guidelines, arguing that they would be “catastrophic” to the industry.

BIO objects to the directive that mergers should not eliminate a potential entrant in a concentrated market and the guideline specifying that when a merger is part of a series of multiple acquisitions, the FTC and Department of Justice may examine the whole series

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