Teva Gambles Indictment Is Better Than Pleading Guilty To Price-Fixing Claims
Teva’s market overhang and legal uncertainty intensifies with DOJ charges it conspired to fix generic drug prices. Five other companies have pled guilty and reached deferred prosecution agreements.
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Commissioners vote 3-2 that Mylan and Pfizer’s Upjohn can combine after divesting seven products; dissenting votes focus on price fixing allegations as commissioners Chopra and Slaughter criticize majority for not addressing government’s case against Pfizer and Mylan. Former FTC attorneys note that if Biden wins the presidential election, he could nominate one of the dissenters to FTC chair and give more traction to their views.
Government claims Teva’s payments to two foundations to cover Copaxone copays violated Anti-Kickback statute. Teva is bucking settlement trend in DOJ’s industrywide investigation of sponsor ties to charitable foundations.
Litigation involving Teva has been selected as a “bellwether” case, making it a priority for trial as part of the ongoing US investigation into generic price-fixing.