Horizon Therapeutics (NASDAQ:HZNP) shares rose 5% in pre-market Monday after the U.S. Federal Trade Commission (FTC) decided to temporarily halt its ongoing lawsuit related to Amgen's (NASDAQ:AMGN) $28 billion deal to acquire Horizon.
This pause is expected to continue until September 18th. The suspension leaves room for settlement conversations and hints that FTC is reconsidering its aggressive stance on this deal.
Back in May, the antitrust regulator initiated legal action to oppose the proposed $28B pharmaceutical merger.
“This motion to suspend bodes positively for the completion of the acquisition — we expect we could see some weakness for AMGN as investor sentiment had turned on the deal (hoping AMGN would walk away if not completed by December 2023; it now appears that the deal will close),” BMO analysts said in a client note.
Oppenheimer analysts agree with their colleagues at BMO.
“The FTC may be conceding this point by prioritizing a potential settlement with AMGN that we believe increases the probability of closing the HZNP acquisition,” they wrote.
“We were impressed by AMGN's memo which clearly and convincingly outlines the defense against FTC's claims ahead of the hearing on the injunction scheduled in Sept., and is consistent with our views that the alleged risk of rebate bundling is entirely speculative and unsubstantiated.”
Oppenheimer analysts expect the Amgen deal to close by mid-December.
“[We] view this deal as a winwin for patients and investors,” analysts concluded.