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Mergers with Dominant Firms: The Lundbeck Case

BY | December 13, 2011

Herbert Hovenkamp, Dec 13, 2011 In Lundbeck the Eighth Circuit affirmed a district court’s decision approving a merger of the only two drugs authorized to treat a rare but serious…

Herbert Hovenkamp, Dec 13, 2011

In Lundbeck the Eighth Circuit affirmed a district court’s decision approving a merger of the only two drugs authorized to treat a rare but serious heart condition in infants. When the acquisition occurred Lundbeck owned a patented drug called Indocin IV, which at the time was the only drug approved by the FDA to treat this condition. It then acquired the rights to NeoProfen, a drug that had been developed but was still awaiting FDA approval.  The two drug

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