Case Study: FTC V. Ovation

Law360, New York (December 16, 2010, 2:57 PM EST) -- In a stunning defeat for the Federal Trade Commission, Federal District Court Judge Joan Ericksen dismissed a challenge brought by the FTC and the State of Minnesota to the acquisition by Lundbeck Inc. (previously known as Ovation Pharmaceuticals) from Abbott Laboratories Inc. of the U.S. rights of NeoProfen.

The court ruled that the acquisition did not violate the Clayton Act because NeoProfen and Lundbeck's Indocin IV were not in the same product market, even though both drugs are approved by the U.S. Food and Drug Administration...
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