No Clear Winner In $4.3B Akorn Deal Row: Vice Chancellor

Law360 (August 23, 2018, 8:24 PM EDT) -- A Delaware vice chancellor warned Thursday that he saw no obvious winner in a battle over Fresenius Kabi AG's bid to walk away from a $4.3 billion deal to buy generic-drug maker Akorn Inc., with both sides accusing the other of fatal breaches during post-trial arguments.

In the case, now submitted for a ruling, an attorney for Akorn argued that "buyer's remorse" motivated Fresenius to declare a termination of the tie-up on April 22, before the deal had closed. Akorn officials said the move was based on "sham" claims that Akorn knowingly violated Food and Drug Administration data integrity rules for...

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