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This article was originally published in The Tan Sheet

Executive Summary

Lawyers who believe commission will be more lenient toward mergers under the Bush Administration "will be doing their actual or potential clients a big disservice if those clients act on that presumption," FTC Chairman Timothy Muris asserted at American Bar Association Antitrust Section annual meeting in Chicago Aug. 7. "If you come in with transactions that would not fly in the past, you are likely to crash unless you have compelling, stubborn facts on your side," he noted. FTC has been busy with pharma recently; it considered requiring Glaxo Wellcome and SmithKline Beecham to divest one of their smoking cessation products before approving their merger and also oversaw Pfizer's acquisition of Warner-Lambert. Muris took over as head of FTC June 4 (1"The Tan Sheet" June 4, p. 2)

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Drug patents should not be listed in Orange Book by FDA if they claim unapproved aspects of a drug, commission suggests in May 16 citizen petition to agency. "Any patent claiming only an unapproved component, an unapproved formulation or an unapproved use of a drug product" should not be allowed in Orange Book, FTC says. Petition comes in response to complaints from generic drug manufacturers that innovator companies are filing large numbers of late-listed patents to thwart private label competition. FTC is conducting an inquiry into this and other anticompetitive practices in drug industry (1"The Tan Sheet" Oct. 16, 2000, p. 13)

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