Following a public comment period, the Federal Trade Commission has approved a final consent order settling charges that Endo Health Solutions’ acquisition of Boca Life Sciences would likely reduce competition in U.S. markets for seven generic drugs.
According to the FTC’s complaint, first announced in January 2014, Endo’s acquisition of Boca as originally proposed likely would cause U.S. consumers to pay significantly higher prices for these generic drugs. Boca is the exclusive marketer and distributor of four prescription multivitamin drop products owned and manufactured by Sonar Products, Inc., competing with Endo prescription multivitamin drops. The complaint states that the proposed acquisition also would eliminate one likely future entrant from a very limited pool of future entrants in each of three other generic drug markets under development. More information about the market shares of both companies and their competitors can be found in the analysis to aid public comment for this matter.
Under the final consent order approved by the FTC, the companies will relinquish their rights to market and distribute four generic multivitamin fluoride drops for children to Sonar, and will sell the three other generic drugs in development. The Commission vote approving the final consent order was 4-0. (FTC File No. 131-0225; the staff contact is Jacqueline K. Mendel, Bureau of Competition, 202-326-2603)
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