FTC Slams Amgen's Antitrust Shield Claim at Fourth Circuit

The Federal Trade Commission (FTC) has urged the Fourth Circuit to reject Amgen's argument that commercial agreements for acquiring patent application rights are shielded from antitrust scrutiny. In a recent filing, the FTC described Amgen's assertion as 'sweeping,' arguing that it would allow companies to evade regulatory oversight.

The dispute revolves around Amgen's contention that contracts with third-party entities to acquire patent application rights should be exempt from antitrust laws. The FTC counters that such agreements can have significant market effects and should therefore be subject to scrutiny.

The FTC's position is based on the idea that companies engaging in such practices may be attempting to suppress competition or limit innovation, ultimately harming consumers. Amgen's 'sweeping' assertion, according to the FTC, would undermine this regulatory framework and potentially allow anticompetitive behavior to go unchecked.