[Ip-health] Tech transfer in FTC consent order for AbbVie acquisition of Allergan,

James Love james.love at keionline.org
Mon May 11 06:23:38 PDT 2020


Without endorsing the AbbVie acquisition of Allergan, I wanted to call
attention to the type of compulsory transfers of IP, approvals, know-how
etc. that are possible by competition authorities.

https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-10081.pdf

VII. THE CONSENT AGREEMENT

The Consent Agreement eliminates the competitive concerns raised by the
proposed Acquisition by requiring the combined company to divest Allergan’s
Zenpep and Viokase business, including its regulatory approvals,
intellectual property, contracts, and inventory to Nestlé, and Allergan’s
brazikumab business to AstraZeneca. AbbVie and Allergan also must transfer
all business information, research and development information, regulatory,
formulation, and manufacturing reports related to the divested products, as
well as provide access to knowledgeable employees to assist in the
transfer. The provisions of the Consent Agreement ensure that Nestlé and
AstraZeneca become independent, viable, and effective competitors in the
U.S. markets.

-- 
James Love.  Knowledge Ecology International
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U.S. office phone +1.202.332.2670
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