[Ip-health] FTC approves Celgene acquisition of Juno without requiring divestitures | Knowledge Ecology International

James Love james.love at keionline.org
Wed Feb 21 09:47:10 PST 2018


FTC approves Celgene acquisition of Juno without requiring divestitures


On Tuesday February 20, 2018, the U.S. Federal Trade Commission approved
the Celgene acquisition of Juno, without requiring divestitures. The
European Commission did not review the merger.

KEI’s February 16, 2018 letter opposing the acquisition is available here.

The following is a statement on the merger.

“By allowing Celgene to acquire Juno, without divestitures, the Federal
Trade Commission (FTC) is allowing one company to control two important and
potentially competing candidates for CAR T B-cell maturation antigen (BCMA)
targeted CAR T treatments for multiple myeloma. It’s much easier to prevent
an anti-competitive acquisition than it will be to address the monopolist
abuses that follow. Both technologies that will be controlled by Celgene
have benefited enormously from NIH funding. The merger significantly
reduces the odds there will be robust price competition for CAR T multiple
myeloma treatments. Both the FTC and the European Commission have outdated
and ineffective tools and norms to predict the anti-competitive impact of
mergers involving pipeline technologies. In this case, both the Bluebird
and the Juno BCMA-targeted CAR T candidates were in Phase 1/2 testing, in
an area where the FDA has approved treatments with very small trials, and
early reporting of data. We will ask the U.S. FTC and the European
Commission to re-evaluate its norms on the acquisition of pipeline
products, and also to undertake a study of the extensive patent thickets
emerging for CAR T treatments.” James Love, Director, Knowledge Ecology


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