Case Study: Divestiture of a Prescription Generic Pharmaceutical Pursuant to an Federal Trade Commission Consent Order

An acquisition of a generic pharmaceutical company by a larger generic company (Respondent) resulted in a Federal Trade Commission Consent Order that required the divestiture of a prescription pharmaceutical product to a third party acquirer.

The responsibility of Smart Consulting Group (SCG) was to act as the Interim Monitor for the divestiture to review and evaluate the Respondent: (1) the transfer of product and technology, the transfer of the business and marketing information, and (3) the implementation of the technology by the acquiring company and (4) the subsequent post transfer verification that the Respondent company did not have access to the Confidential Business Information.

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