The FTC, along with the state of Minnesota, has sued Ovation Pharmaceuticals, arguing that the drug company acted anticompetitively in aquiring over the course of several months in 2005 and 2006 the only two drugs available in the US to treat a certain congenital heart defects. It acquired Indocin in August 2005, while a potentially competitive drug, Neoprofin, awaited FDA approval. In January 2006, Ovation acquired the US rights to Neoprofin in a transaction falling below the HSR asset acquisition reporting requirements. Upon acquiring the competitive drug, Ovation increased the price of Indocin to hospitals from $36 per vial to approximately $500. When Neoprofin was approved, Ovation priced it at a similar level, and maintained the price level for two years. Given that the only alternative is a risky surgical procedure, hospitals had little choice but to pay the higher prices. The FTC seeks an order requiring Ovation to divest one of the drugs. Ovation released a statement disputing the FTC’s allegations.