2016 A Profile of Bio-pharma Consolidation Activity 53
all confidential information regarding a certain product,160 and full161 or partial assignment of manufacturing contracts.162
There were also several forms of requirement to return assets or property. These included the requirement of the return of exclusive distribution rights;163 the requirement to end a marketing agreement with a third party and return all rights to distribute, market, and sell certain products;164 and the return of all rights to a specific drug in clinical development to a third party.165
Transfer requirements dealt with conditions such as the transfer of supply agreement to the divestiture buyer,166 the transfer of manufacturing facilities to the divestiture buyer, 167 and the transfer of all technical knowledge for certain product to the divestiture buyer.168
G. Supply Arrangements
Provisions for supply arrangement were perhaps the most far-ranging and specific to drug products and development status. This makes sense, as the FTC focus on the impact on drug markets relates to supply and demand of these products in the marketplace. One consent decree required the entry into a supply agreement to provide the third party with generic tablets, allowing the third party to compete with the generic product during the 180-day exclusivity; the supply agreement could be extended one additional year by the third party.169 Another required the party divesting to provide transitional
160. See Pfizer Inc., supra note 165, at 8-9. 161. See Akorn, Inc., supra note 130, at 2-3716, https://www.ftc.gov/system/files/ documents/cases/140620akorndo.pdf. 162. See Valeant Pharm. Int’l, Inc., F. T.C. No. 1410101 (2014), https://www.ftc.gov/ system/files/documents/cases/140820valeantprecisiondo.pdf. 163. See Pfizer Inc., F. T.C. No. 0910053 (2010), https://www.ftc.gov/sites/ default/files/documents/cases/2010/01/100129pwyethdo.pdf. 164. See Novartis AG, F. T.C. No. 1210144 (2012), https://www.ftc.gov/sites/ default/files/documents/cases/2012/09/120904novartisdo.pdf. 165. See Pfizer Inc., et al., 135 F. T.C. 608 (2003). 166. See Actavis Grp. hf, supra note 83 (giving Respondents thirty days to assign the Supply Agreement to the Acquirer of Isradipine Assets). 167. See Sanofi-Synthelabo, et al., supra note 114 (requires Respondents Sanofi- Synthélabo and Aventis to divest all manufacturing facilities and other assets used to produce Arixtra to GlaxoSmithKline). 168. See Cephalon, Inc., 138 F. T.C. 583 (2004) (requiring Cephalon to effect transfers of licenses and technology to enable Barr Laboratories to be able to compete more aggressively in the market for breakthrough cancer pain drugs). 169. See Teva Pharm. Indus. Ltd., F. T.C. No. 1110166 (July 2, 2012), https://www.