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On Friday, the U.S. Federal Trade Commission (FTC) gave a green light to Amgen Inc's (NASDAQ:AMGN) acquisition of Horizon Therapeutics Plc (NASDAQ:HZNP), which contradicts its earlier commitment to tighter antitrust checks.
This decision potentially provides Amgen with a portfolio of drugs shielded from fresh pricing negotiations and possible tax relief benefits.
This move hints at the FTC's hesitation, doubting a court would back its view of Amgen's potential undue advantage in "bundling" drug negotiations with insurance firms.
Abiel Garcia, a former deputy attorney general specializing in antitrust matters in California, commented on the possible apprehension of establishing new precedents in such cases.
Previously, the case was queued for review by U.S. District Judge John Kness, a nominee of ex-President Donald Trump. Garcia believes recent court decisions might be making federal antitrust watchdogs rethink their stands.
Amgen's Horizon deal is notable as it's the first biotech merger contested post the initiation of the FTC's 2021 pharma merger task force.
This move aims to address growing concerns about pharma industry consolidation.
Citing TD Cowen analyst, Reuters highlighted the acquisition's focus on "orphan drugs." Notably, drugs like these aren't impacted by the Inflation Reduction Act (IRA) introduced in 2022, which mandates Medicare to negotiate drug prices.
Furthermore, the IRA might catalyze more pharma mergers as bigger companies aim to minimize Medicare exposure, opines Jefferies analyst Michael Yee.
Tax implications are also in focus. While the U.S. IRS alleges Amgen avoided taxes by crediting income to a Puerto Rican unit, the Horizon acquisition could offer tax breaks linked to Irish manufacturing units, considering Ireland's substantial role in global drug exports.
This could be an added incentive for Amgen, said Cowen's analyst.
Price Action: AMGN shares are down 0.73% at $254.83 on the last check Tuesday.
