[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Notices]
[Page 16794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9418]



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FEDERAL TRADE COMMISSION
[Dkt. C-3629]


Hoechst AG; Prohibited Trade Practices, and Affirmative 
Corrective Actions

AGENCY: Federal Trade Commission.

ACTION: Consent Order.

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SUMMARY: This consent order settles alleged violations of federal law 
prohibiting unfair or deceptive acts or practices and unfair methods of 
competition arising from the $7.1 billion merger of Hoechst AG and 
Marion Merrell Dow, Inc. The consent order, among other things, 
requires Hoechst--a pharmaceutical firm--to provide Biovail Corporation 
International with a letter of access to the toxicology data necessary 
to secure additional FDA approvals for a hypertension and cardiac drug 
called Tiazac (diltiazem). It also requires Hoechst to return any 
confidential information obtained from Biovail; to refrain from using 
the information; to dismiss a patent infringement lawsuit filed by 
Marion Merrell Dow regarding Tiazac; to withdraw a citizen petition 
Marion Merrell Dow filed with the Food and Drug Administration relating 
to Tiazac; and to agree not to file any subsequent litigation against 
Biovail regarding diltiazem. In addition, the consent order requires 
Hoechst to divest the rights to either Trental or Beraprost (two drugs 
intended to treat intermittent claudication, a painful leg cramping 
condition); to divest the rights to Pentasa (or the generic 
formulation), which is one of two oral forms of mesalamine used to 
treat ulcerative colitis and Crohn's Disease; and to divest the rights 
to Rifadin (or the generic formulation), which is used to treat 
tuberculosis. The required divestitures have to be made to Commission-
approved entities, within nine months of the date of the order.

DATES: Complaint and Order issued December 5, 1995.\1\

    \1\ Copies of the Complaint and the Decision and Order are 
available from the Commission's Public Reference Branch, H-130, 6th 
Street & Pennsylvania Avenue, N.W., Washington, D.C. 20580.
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FOR FURTHER INFORMATION CONTACT:
Laura Wilkinson, FTC/S-2308, Washington, D.C. 20580 (202) 326-2830.

SUPPLEMENTARY INFORMATION: On Tuesday, September 26, 1995, there was 
published in the Federal Register, 60 FR 49609, a proposed consent 
agreement with analysis In the Matter of Hoechst AG, for the purpose of 
soliciting public comment. Interested parties were given sixty (60) 
days in which to submit comments, suggestions or objections regarding 
the proposed form of the order.
    Comments were filed and considered by the Commission. The 
Commission has ordered the issuance of the complaint in the form 
contemplated by the agreement, made its jurisdictional findings and 
entered an order to divest, as set forth in the proposed consent 
agreement, in disposition of this proceeding.

(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 
Stat. 719, as amended; sec. 7, 38 Stat. 731, as amended; 15 U.S.C. 
45, 18)
Donald S. Clark,
Secretary.
[FR Doc. 96-9418 Filed 4-16-96; 8:45 am]
BILLING CODE 6750-01-M