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Mylan Defeats Sanofi’s EpiPen Antitrust Suit

By  |  February 2, 2021

Mylan has dodged claims that it unlawfully shielded its EpiPen from competition by driving Sanofi’s epinephrine auto-injector from the market through exclusive agreements with insurers and pharmacy benefit managers, according to Bloomberg Law.

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    Judge Daniel D. Crabtree granted summary judgment for Mylan, finding that it didn’t violate antitrust laws by offering rebates to insurers and PBMs that excluded Sanofi’s Auvi-Q from their drug formularies. Exclusive distribution deals are legal as long as they don’t involve threats or coercion, he said.

    Sanofi wanted Mylan to pay up to US$11.7 billion in damages for engaging in a scheme to squelch competition to its EpiPen allergy treatment. In particular, Sanofi said Mylan offered rebates to insurers, pharmaceutical benefit managers, and state Medicaid agencies conditioned on Auvi-Q not being an epinephrine auto-injector device they would reimburse for use by consumers.