FTC Challenges Amgen Patent Acquisition Amid Antitrust Concerns

The Federal Trade Commission (FTC) has filed an amicus brief in an antitrust case against Amgen, a drug manufacturer accused of illegally acquiring exclusive rights to patent applications for its Enbrel drug. The FTC argues that such acquisitions are subject to antitrust scrutiny and can result in unique anticompetitive harms.

The lawsuit was brought by CareFirst of Maryland Inc. and its affiliates, which alleged that Amgen's acquisition of pending patent applications allowed the company to extend its monopoly over Enbrel and block lower-cost competitors from entering the market.

The FTC's brief argues that while companies may be immune from antitrust liability for engaging in conduct aimed at influencing government decision-making under the Noerr-Pennington doctrine, private commercial transactions are not protected. The Commission filed the amicus brief to ensure the proper application of federal antitrust laws and promote competition in prescription drug markets.