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investorgold2002

08/09/11 8:58 PM

#4907 RE: oc631 #4906

"buyout by Teva certainly would be viewed as being anti-competitive and would be challenged by the Justice Department."

On Lovenox:
It's possible that TEVA still has un-surmountable odds to satisfy the 5 criteria required to get Lovenox ANDA approved.
Theoretically, TEVA could give up on this effort.
(No soul other than FDA guy/gal that is reviewing Teva's Lovenox ANDA or Teva's employees that filed this ANDA know about the quality of TEVA's lovenox )

So, no anti-trust laws would apply as TEVA's generic application itself is no condition of being in 'approvable' status by FDA and is just let go

On Copaxone:

Assume NVS/MNTA's copaxone is approved. And then TEVA makes an offer on MNTA.
Once generic Copaxone is in market, MNTA is just a silent partner raking in it's share of Contractual profit. Marketing and sales(which includes pricing) of the generic is solely done by NVS as far as I know. NVS still has incentive to maximize sales of generic Copaxone. NVS would not directly be acting in collusion with TEVA to adjust price or vice versa. So if TEVA has a share in generic Copaxone, IMHO there is nothing anti-competitive about it ; they are simply buying MNTA's share of contractual profit in selling generic Copaxone