Drug Firms’ $300 Million Fine Over Price-Fixing
The U.S. Justice Department 8/21 announced deferred prosecution agreements resolving criminal antitrust charges against Teva Pharmaceuticals USA and Glenmark Pharmaceuticals. The agreements are part of a years-long probe into price fixing by several generic drug companies, according to the government. As part of the agreements, Teva admitted to participating in three antitrust conspiracies that affected essential medicines — including pravastatin, clotrimazole and tobramycin — and Glenmark admitted to participating in a conspiracy to fix the price of pravastatin. Pravastatin is indicated for treating high cholesterol; clotrimazole is used for treating skin infections; and tobramycin is commonly prescribed to treat eye infections and cystic fibrosis.
As part of the agreements, “both companies will divest a key business line involved in the misconduct, and as an additional remedial measure, Teva will make a $50 million drug donation to humanitarian organizations,” according to a news release. “Teva will pay a $225 million criminal penalty — the largest to date for a domestic antitrust cartel — and Glenmark will pay a $30 million criminal penalty. Both companies will face prosecution if they violate the terms of the agreements, and if convicted, would likely face mandatory debarment from federal health care programs.”
During the multi-year investigation, the government uncovered “price-fixing, bid-rigging and market-allocation schemes affecting many generic medicines, and charged seven generic pharmaceutical companies for their participation in the schemes,” according to the Justice Department. “With today’s agreements, all seven companies have resolved their criminal charges and collectively agreed to pay more than $681 million in criminal penalties.”