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FTC’s Challenge Of Amgen/Horizon Merger Seeks To Fight Pharma Rebating Practices

Lawsuit Does Not Cite Overlap In Companies’ Portfolios

 
• By Mandy Jackson

The US Federal Trade Commission is taking a stand against rebating and bundling practices pharma companies use in negotiations with payers as it seeks to block Amgen’s $28bn acquisition of Horizon.

FTC FEDERAL TRADE COMMISSION headquarters building entrance with sign above door and exterior.
The FTC is calling out Amgen for bundled rebate practices • Source: Shutterstock

The US Federal Trade Commission is taking its fight against rebating and bundling practices that pharmaceutical companies employ in negotiations with payers to court, but not by suing to stop these tactics directly. Instead, the FTC said on 16 May that it is filing a lawsuit to block Amgen, Inc.’s $28bn purchase of Horizon Therapeutics plc to prevent the acquirer from obtaining greater power to block competition through drug price rebates it promises to pharmacy benefit managers (PBMs).

KEY TAKEAWAYS

  • The action represents a new tactic for the agency, seeking to block Amgen’s acquisition of Horizon because of the power it will have to affect market access via bundled drug price rebates.

  • The FTC says “rampant consolidation in the pharmaceutical industry” has allowed drug makers to hike prices, block access to generics and hamstring innovation through rebating practices

The FTC did not point to any overlap in the two companies’ product portfolios or research and development pipelines, the usual grounds for the agency to object to a biopharmaceutical industry transaction

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