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).
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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 did not point to any overlap in the two companies’ product portfolios or research and development pipelines, the...
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