Barr and Galen Receive FTC Request for Information Related to Proposed Transactions
23 Dezember 2003 - 5:45PM
PR Newswire (US)
Barr and Galen Receive FTC Request for Information Related to
Proposed Transactions WOODCLIFF LAKE, N.J. and CRAIGAVON, Northern
Ireland, Dec. 23 /PRNewswire- FirstCall/ -- Barr Laboratories, Inc.
(NYSE-BRL) ("Barr") and Galen Holdings PLC ("Galen") today
announced that they have recently received a letter from the
Federal Trade Commission's (FTC) Bureau of Competition requesting
that they voluntarily provide certain information concerning Barr's
proposed acquisition of the U.S. and Canadian rights to Galen's
Loestrin(R) and Loestrin(R) FE oral contraceptive products and the
proposed settlement of pending patent litigation between Barr and
Galen. The letter also requests information concerning the proposed
option for Galen to acquire an exclusive license to Barr's generic
version of Galen's Ovcon(R) 35 oral contraceptive. The FTC's Bureau
of Competition previously reviewed the proposed transactions under
the Hart-Scott-Rodino Act. On October 24, 2003, the
Hart-Scott-Rodino waiting period expired, permitting the parties to
close the transactions. However, on December 16, 2003, Barr and
Galen received letters from another group in the FTC's Bureau of
Competition announcing that group's intention to review the
proposed transactions. The FTC specifically stated that its letter
should not be viewed as an accusation by the Commission or its
staff of any wrongdoing. Barr and Galen believe that the proposed
transactions are lawful and proper and intend to cooperate fully
with the request. Barr and Galen are currently unable to determine
the impact, if any, that the FTC's request would have on the
closing of the proposed transactions, which is currently scheduled
to occur by February 1, 2004. Background In September 2003, Barr
and Galen announced that they had signed a letter of intent for
Barr to acquire from Galen the exclusive rights in the United
States and Canada for Loestrin(R) and Loestrin(R) FE oral
contraceptive products. The proposed transaction also would include
a settlement of pending patent litigation between Barr and Galen
regarding Galen's femhrt(R) hormone therapy and Estrostep(R) oral
contraceptive products that would allow Barr to launch generic
versions of those products six months prior to patent expiry. Under
the terms of a separate letter of intent, Barr would grant Galen an
option to acquire an exclusive license for Barr's generic version
of Galen's Ovcon(R) 35 oral contraceptive. Barr has a pending
Abbreviated New Drug Application (ANDA) for the 0.4 mg
norethindrone/35 mg ethinyl estradiol 21-day and 28-day generic
Ovcon(R) products. Barr Laboratories, Inc. is engaged in the
development, manufacture and marketing of generic and proprietary
pharmaceuticals. Galen is an international pharmaceutical company
based in Craigavon, Northern Ireland and Rockaway, New Jersey, US.
The Galen group of companies develops, acquires and manufactures
branded prescription pharmaceutical products, which are promoted by
the group's sales and marketing divisions in the UK, Ireland and
the US. Forward-Looking Statements The following sections contain a
number of forward-looking statements. To the extent that any
statements made in this press release contain information that is
not historical, these statements are essentially forward-looking.
Forward-looking statements can be identified by their use of words
such as "expects," "plans," "will," "may," "anticipates,"
"believes," "should," "intends," "estimates" and other words of
similar meaning. These statements are subject to risks and
uncertainties that cannot be predicted or quantified and,
consequently, actual results may differ materially from those
expressed or implied by such forward-looking statements. Such risks
and uncertainties include: the difficulty in predicting the timing
and outcome of legal proceedings, including patent-related matters
such as patent challenge settlements and patent infringement cases;
the difficulty of predicting the timing of U.S. Food and Drug
Administration, or FDA, approvals; court and FDA decisions on
exclusivity periods; the ability of competitors to extend
exclusivity periods for their products; the success of our product
development activities; market and customer acceptance and demand
for our pharmaceutical products; our dependence on revenues from
significant customers; reimbursement policies of third party
payors; our dependence on revenues from significant products; the
use of estimates in the preparation of our financial statements;
the impact of competitive products and pricing; the ability to
develop and launch new products on a timely basis; the availability
of raw materials; the availability of any product we purchase and
sell as a distributor; our mix of product sales between
manufactured products, which typically have higher margins, and
distributed products; the regulatory environment; our exposure to
product liability and other lawsuits and contingencies; the
increasing cost of insurance and the availability of product
liability insurance coverage; our timely and successful completion
of strategic initiatives, including integrating companies and
products we acquire and implementing new enterprise resource
planning systems; fluctuations in operating results, including the
effects on such results from spending for research and development,
sales and marketing activities and patent challenge activities; and
other risks detailed from time to time in our filings with the
Securities and Exchange Commission. DATASOURCE: Barr Laboratories,
Inc.; Galen Holdings PLC CONTACT: Carol A. Cox of Barr
Laboratories, Inc., +1-201-930-3720, ; David Kelly, Sr. Vice
President, Finance and Planning, Galen Holdings PLC,
+44-28-3833-4974, ext. 3634; Francetta Carr of Financial Dynamics,
+44-207-831-3113 Web site: http://www.barrlabs.com/
http://www.galenplc.com/ Company News On-Call:
http://www.prnewswire.com/comp/089750.html
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