The FTC just went af­ter 'bundling' in Am­gen's $28B deal. Will it put a chill on fu­ture M&A?

The FTC’s sur­pris­ing and po­ten­tial­ly risky at­tempt to block Am­gen’s pro­posed $28 bil­lion buy­out of Hori­zon Ther­a­peu­tics has raised con­cerns about fed­er­al over­sight of a sec­tor gear­ing up for an ac­tive M&A year.

In a law­suit filed Tues­day in fed­er­al court, the FTC ar­gued that the merg­er would al­low Am­gen to use re­bates on ex­ist­ing drugs to “pres­sure in­sur­ance com­pa­nies and phar­ma­cy ben­e­fit man­agers in­to fa­vor­ing” Hori­zon’s block­buster thy­roid eye dis­ease and chron­ic re­frac­to­ry gout drugs Te­pez­za and Krys­texxa, re­spec­tive­ly, which gen­er­at­ed a com­bined $2.7 bil­lion in rev­enue last year.

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