FTC approves final order regarding Actavis’ acquisition of Warner Chilcott

Following a public comment period, the US Federal Trade Commission has approved a final order settling charges that generics major Actavis (NYSEL ACT) proposed $8.5 billion acquisition of Warner Chilcott (Nasdaq: WCRX; The Pharma Letter May 20) would reduce competition in the US markets for four current and future pharmaceuticals. They are:

Under the FTC Order, first announced in September, Actavis will sell all rights and assets to the three oral contraceptives and the osteoporosis treatment to New Jersey-based Amneal Pharmaceuticals. Actavis will also relinquish its claim to first-filer marketing exclusivity for generic Lo Loestrin FE and Atelvia to preserve the incentives of the companies currently leading the patent litigations against Warner Chilcott related to those products. In the markets for Lo Loestrin FE and Atelvia, Warner Chilcott sells the branded drugs, but no company currently sells a generic version. By relinquishing its first-filer status, the merged firm cannot act to delay the introduction of a generic version of these two products.