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.

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