I concur with your comments regarding the FTC. I.e., the possibility that the Court will impose a preliminary injunction—and, eventually, a permanent injunction—blocking Amphastar’s launch substantially weakens the FTC’s claim that a settlement with a delayed launch is a form of anti-competitive collusion.
The FTC’s argument against a settlement with a delayed launch is weak to begin with (see the bottommost paragraph of #msg-67801477), so anything that weakens it further renders it all but inconsequential, IMO.
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