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US: Senate Dems call for antitrust investigation of EpiPen maker

 |  September 6, 2016

Senate Democrats are calling on federal regulators to investigate whether the manufacturer of EpiPen violated antitrust laws when it allegedly required schools to sign noncompete contracts.

In a letter Tuesday, Sens. Richard Blumenthal and Amy Klobuchar asked the Federal Trade Commission to issue Mylan an administrative subpoena to determine whether the company deliberately engaged in exclusionary practices to hinder its competitors and maintain its monopoly position in the market.

The lawmakers said there’s a document that seems to confirm press reports that Mylan required schools participating in its “EpiPen4Schools” discount program to sign exclusive contracts stipulating the schools would “not in the next twelve months purchase any products that are competitive to EpiPen Auto-Injectors.”

They believe the contracts violate Section 5 of the Federal Trade Commission Act, which bans unfair methods of competition, and possibly Section 2 the Sherman Act, which prohibits attempts to acquire or maintain a monopoly.

Full Content: The Hill

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