FTC challenges vertical agreement between pharmaceutical companies | Practical Law

FTC challenges vertical agreement between pharmaceutical companies | Practical Law

On 15 September 2008, the US Federal Trade Commission (FTC) announced that it would challenge a manufacturing, distribution, and supply agreement between Fresenius Medical Care Ag & Co. KGaA (Fresenius) and Daiichi Sankyo Company, Ltd. (Daiichi), alleging that the proposed transaction would violate US federal antitrust laws in the market for the manufacture, distribution, and sale of intravenously-administered iron sucrose. To settle charges that the agreement was anti-competitive, the FTC issued a proposed consent order limiting Fresenius's ability to increase the intra-company transfer price of Venofer, which otherwise allegedly would have increased Medicare reimbursement rates paid to dialysis clinics in the United States

FTC challenges vertical agreement between pharmaceutical companies

Practical Law UK Legal Update 3-383-5223 (Approx. 4 pages)

FTC challenges vertical agreement between pharmaceutical companies

by Practical Law
Law stated as at 15 Sep 2008USA (National/Federal)
On 15 September 2008, the US Federal Trade Commission (FTC) announced that it would challenge a manufacturing, distribution, and supply agreement between Fresenius Medical Care Ag & Co. KGaA (Fresenius) and Daiichi Sankyo Company, Ltd. (Daiichi), alleging that the proposed transaction would violate US federal antitrust laws in the market for the manufacture, distribution, and sale of intravenously-administered iron sucrose. To settle charges that the agreement was anti-competitive, the FTC issued a proposed consent order limiting Fresenius's ability to increase the intra-company transfer price of Venofer, which otherwise allegedly would have increased Medicare reimbursement rates paid to dialysis clinics in the United States