Am­gen and Hori­zon call FTC's at­tempt to block $28B merg­er un­con­sti­tu­tion­al in coun­ter­claims

Am­gen and Hori­zon filed coun­ter­claims against the FTC, al­leg­ing the agency’s at­tempt to block their near­ly $28 bil­lion merg­er “runs roughshod” over pro­vi­sions of the Con­sti­tu­tion.

The FTC in May filed a law­suit in fed­er­al court try­ing to scut­tle Am­gen’s pro­posed buy­out of Hori­zon. The agency’s claims cen­ter around bundling, a scru­ti­nized in­dus­try prac­tice that in­volves of­fer­ing mul­ti-prod­uct dis­counts that make it dif­fi­cult for ri­vals to com­pete. Am­gen and Hori­zon pre­vi­ous­ly called the case “as mis­guid­ed as it is un­prece­dent­ed,” and they ar­gued the pro­ceed­ing is un­con­sti­tu­tion­al on Thurs­day.

Unlock this article instantly by becoming a free subscriber.

You’ll get access to free articles each month, plus you can customize what newsletters get delivered to your inbox each week, including breaking news.

SIGN UP LOG IN BECOME A PREMIUM SUBSCRIBER