Fresenius SE ended its pending acquisition of Akorn over a probe that found problems with product development and data. Fresenius issued a statement that said it's decision was based on a number of factors including material breaches of FDA data integrity standards. Fresenius offered to delay its decision in order to allow Akorn additional opportunity to complete its own investigation and present any information it wished Fresenius to consider, but Akorn has declined that offer.

In response, Akorn has issued a statement that said, “We categorically disagree with Fresenius’ accusations. The previously disclosed ongoing investigation, which is not a condition to closing, has not found any facts that would result in a material adverse effect on Akorn’s business and therefore there is no basis to terminate the transaction. We intend to vigorously enforce our rights, and Fresenius’ obligations, under our binding merger agreement.”

Fresenius announced the acquisition in April of 2017.