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US and EU Requirements for Pre-Merger Notification of an Acquisition of a Minority Shareholding Interest

By Bilal Sayyed & Lionel Lesur on October 21, 2016

In May, the Federal Trade Commission (FTC) required Hikma Pharmaceuticals PLC to divest its 23 percent interest in Unimark Remedies, Ltd. and its US marketing rights to a generic drug under manufacture by Unimark as a condition to allowing Hikma to complete its acquisition of Roxane Laboratories. The FTC was concerned that Hikma’s continued holding of a 23 percent interest in Unimark after consummation of its proposed acquisition of Roxane would create the incentive and ability for Hikma to eliminate future competition between Roxane and Hikma/Unimark in the sale of generic flecainide tablets (a drug used to treat abnormally fast heart rhythms) in the United States.

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  • Posted in:
    Corporate & Commercial, Corporate Finance
  • Blog:
    Corporate Deal Source
  • Organization:
    McDermott Will & Emery

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