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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
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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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Photo of Bilal Sayyed Bilal Sayyed

Bilal Sayyed represents clients before the Federal Trade Commission (FTC) and Department of Justice (DOJ) in significant merger, civil and criminal antitrust matters. In addition to his representation of clients in antitrust and competition matters, Bilal represents clients before the FTC in consumer…

Bilal Sayyed represents clients before the Federal Trade Commission (FTC) and Department of Justice (DOJ) in significant merger, civil and criminal antitrust matters. In addition to his representation of clients in antitrust and competition matters, Bilal represents clients before the FTC in consumer protection investigations. Read Bilal Sayyed’s full bio.

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Photo of Lionel Lesur Lionel Lesur

Lionel Lesur advises domestic and international companies from a broad range of industries, as well as investment funds and top managers, in matters involving corporate and competition/distribution law. Lionel has experience in the negotiation of private mergers and acquisitions, leveraged buyouts (including management…

Lionel Lesur advises domestic and international companies from a broad range of industries, as well as investment funds and top managers, in matters involving corporate and competition/distribution law. Lionel has experience in the negotiation of private mergers and acquisitions, leveraged buyouts (including management packages and long-term incentive plans), and complex commercial contracts. He has in-depth experience with European and French competition law, including international merger control and antitrust proceedings. Lionel also regularly advises clients in relation to distribution strategies and compliance programs. Read Lionel Lesur’s full bio.

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  • Posted in:
    Antitrust, Competition and Trade
  • Blog:
    Corporate Deal Source
  • Organization:
    McDermott Will & Emery
  • Article: View Original Source

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