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# Rising Pharma Paying Over $3 Million in Price Fixing Charge
- URL: https://www.fdaweb.com/rising-pharma-paying-over-3-million-in-price-fixing-charge/
- Published: 2019-12-04T12:00:00.000Z
- Updated: 2026-09-14T15:55:18.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5145651

The Justice Department says a deferred prosecution agreement reached with Rising Pharmaceuticals, a New Jersey generic drug company, will resolve charges through the company’s admission that it conspired with a competing generic drug company to fix prices and allocate customers for benazepril HCTZ. A one-count felony charge filed in a Pennsylvania federal court says that from 4/2014 until at least 9/2015, Rising participated in the criminal antitrust conspiracy.

A Justice Department [statement](https://www.justice.gov/opa/pr/second-pharmaceutical-company-admits-price-fixing-resolves-related-false-claims-act?ref=fdaweb.com) says that under the deferred prosecution agreement, Rising agreed that $1,543,207 is the appropriate amount of restitution it owes to victims of the charged conduct. However, to account for Rising’s separate agreement with the Justice Department civil division to pay some $1.1 million in civil damages for False Claims Act violations predicated on the antitrust conduct, the agreement calls for an offset of Rising’s restitution to $438,066\. The company also will pay a $1.5 million fine.

Rising has agreed to cooperate fully with the department antitrust division’s ongoing investigation into generic drug company price fixing. To allow the company to comply with the agreement’s terms, the government will defer prosecuting Rising for three years, or until the company’s ongoing bankruptcy proceedings become final, whichever comes first. The agreement must be accepted by the court.