FTC Consent Order in Horizon Therapeutics Acquisition

In August 2023, Amgen Inc. (“Amgen”) and the Federal Trade Commission (“FTC”) executed an Agreement Containing Consent Order (“Consent Agreement”) and an accompanying Decision & Order (“D&O”) resolving the FTC’s challenge to Amgen’s acquisition of Horizon Therapeutics plc (“Horizon”) (the “Transaction”).

Under the Consent Agreement and accompanying D&O, Amgen has agreed to not condition any price concessions or other discounts for any of its products (other than those acquired through the acquisition of Horizon) in exchange for either (1) the purchase or coverage, placement or positioning on formularies, of KRYSTEXXA® and/or TEPEZZA®, or (2) the exclusion, detriment, or disadvantage on formularies of any product that competes with KRYSTEXXA® and/or TEPEZZA®. In addition, the FTC has appointed Jeryl L. Hilleman as a Monitor to oversee Amgen’s compliance with the Consent Agreement and accompanying D&O.

Pursuant to Paragraph III.C.2 of the D&O, Amgen is required to provide a public notice of the resolution of the FTC’s challenge and make available certain documents and information:

  • The D&O, dated December 13, 2023, is available here.
  • The FTC’s Analysis to Aid Public Comment, dated September 1, 2023, is available here.
  • The FTC’s Administrative Complaint, dated June, 22, 2023, is available here.
  • Inquiries for the Monitor should be directed to Jeryl L. Hilleman at altamira.jlh@gmail.com.
  • Inquiries for the FTC in connection with the Consent Agreement and accompanying D&O should be directed to Sebastian Lorigo at slorigo@ftc.gov or Eric Rohlck at erohlck@ftc.gov.