The Federal Trade Commission has announced a proposed order settling charges against Novartis for its $1.5 billion acquisition of Fougera. The original deal, according to the FTC, would violate Section 5 of the FTC Act and Section 7 of the Clayton Act because it eliminates a significant competitor in each market for four topical drugs.
The proposed order calls for Novartis giving up its marketing rights to generic calcipotriene topical solution, generic lidocaine-prilocaine cream, generic metronidazole topical gel, and diclofenac sodium gel. The drugs are used to treat conditions such as psoriasis, rosacea, and pain from injections and surgery. Marketing rights to the drugs will be returned to Tolmar, the developer and manufacturer of the drugs.
Full content: FTC Press Release
Related content: Closed but Not Forgotten: Government Review of Consummated Mergers Under Section 7 of the Clayton Act
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