Amgen and Horizon Therapeutics filed a memo last week calling on an Illinois federal judge to uphold the companies’ arguments against the constitutionality of the FTC’s administrative process, as part of a lawsuit the agency filed against the companies in May to prevent their $28 billion merger.
The FTC argued in the lawsuit that the merger would allow Amgen to use rebates on its existing drugs to put pressure on insurers and PBMs to favor Horizon’s Tepezza, which is used to treat thyroid eye disease, and Krystexxa, which treats chronic refractory gout. The agency is worried that smaller companies won’t be able to compete if Amgen and Horizon engage in “bundling,” which involves offering discounts on multiple products.
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