FTC files suit with ALJ on Horizon/Amgen deal (update)

Update 8:12pm: Adds FTC filing complaint with ALJ.

The Federal Trade Commission filed its lawsuit with the in-house Administrative Law Judge to block Amgen's (NASDAQ:AMGN) planned $28 billion acquisition of Horizon Therapeutics (NASDAQ:HZNP). Horizon (HZNP) rose 1.2% in regular trading.

The filing was confirmed on the FTC's website late on Friday. Seeking Alpha, citing a person familiar, earlier reported that the filing had been made before a deadline.

Amgen (AMGN) earlier this month said it wouldn't close the deal before Oct. 31 or the second business day after the court rules on the FTC's request to block the deal.

A court filing at the time also indicated that Amgen was free to close the deal if the FTC didn't file a suit with ALJ 20 days after the filing was made on June 2. Traders believed that Thursday was the deadline for the filing with the ALJ.

Amgen declined to comment.

Earlier, CNBC's David Faber said that Amgen (AMGN) has had some talks with the FTC about a settlement, though no agreement was reached.

Horizon (HZNP) also earlier gained as traders circulated a filing from the Irish High Court that indicates Horizon (HZNP) is on the court's agenda on Monday.

Amgen (AMGN) agreed to acquire Horizon Therapeutics (HZNP) for $116.50 a share in cash in December, valuing the Ireland-based biotech at nearly $27.8 billion.

More on Horizon Therapeutics, Amgen

• Anticompetitive Behavior At United Therapeutics, Regeneron, And The FTC
• FTC Surprise Challenge Of Amgen's Acquisition Of Horizon Therapeutics
• Amgen agrees not to close Horizon deal before Sept. 15 in court agreement with FTC