ANI/Novitium, In the Matter of

ANI/Novitium, In the Matter of

Tags:

• Health Care
• Prescription Drugs
• Competition
• Merger
• Horizontal
• Bureau of Competition

Last Updated: January 12, 2022

Case Status:

Pending

In the Matter of ANI Pharmaceuticals, Inc., a corporation; Novitium Pharma LLC, a limited liability company; and Esjay LLC, a limited liability company

FTC Matter/File Number:

211 0101

Docket Number:

C-4754

Enforcement Type:

Part 2 Consents

Case Summary

The Federal Trade Commission required generic drug marketers ANI Pharmaceuticals, Inc. and Novitium Pharma LLC to divest, to Prasco LLC, ANI's development rights to one generic drug and assets with respect to another generic drug as part of a settlement resolving charges that ANI's$210 million acquisitionof Novitium likely would be anticompetitive. According to the complaint,without a remedy, the acquisition would likely harm future competition in U.S. markets for both of these generic products. The order requires ANI and Novitium to divest ANI's rights and assets to generic SMX-TMP oral suspension and generic dexamethasone tablets to Prasco within 10 days after the acquisition is final. On Jan. 12, 2022, the Commission announced the final consent order in this matter.

Case Timeline

January 12, 2022

Decision and Order (645.76 KB)

PRESS RELEASE:FTC Approves Final Order Requiring Generic Drug Marketers ANI Pharmaceuticals, Inc. and Novitium Pharma LLC to Divest Rights and Assets to Generic Sulfamethoxazole-Trimethoprim Oral Suspension and Generic Dexamethasone Tablets

November 10, 2021

Agreement Containing Consent Orders (174.82 KB)

Complaint (153.3 KB)

Order to Maintain Assets (252.05 KB)

Decision and Order [Redacted Public Version] (348.82 KB)

Monitor Agreement (5.48 MB)

Analysis to Aid Public Comment (160.53 KB)

PRESS RELEASE:FTC Requires Generic Drug Marketers ANI Pharmaceuticals, Inc. and Novitium Pharma LLC to Divest Rights and Assets to Two Generic Products as Condition of Merger