Teva, Others Try to Resolve Price-Fixing Probe

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Teva and other generic drug companies have held talks with the federal government over the last six months in an attempt to resolve a long-running criminal antitrust investigation into alleged price-fixing. Bloomberg News reports it has learned from sources familiar with the matter that among the possible outcomes could be deferred prosecution agreements in which the companies would admit to certain allegations but would be shielded from indictment in exchange for cooperating with the investigation and paying fines.

The news service sources said talks are being held with the generic drugmakers individually and any one or all of the negotiations could fail to result in an agreement. The timetable for reaching a resolution isn’t clear, Bloomberg says.

The Justice Department wouldn’t comment on the story and spokespersons for companies either said they continue to cooperate with the government or wouldn’t comment.

Prosecutors reportedly have been investigating allegations that generic drugmakers conspired to prop up the prices of certain widely-used medicines for more than five years, and have hinted several times this year that charges could be imminent.

The news service says the investigation poses a problem for the government because it wants to make drugs as affordable as possible, and yet a conviction of a generic drug company could lead to it being barred from government healthcare programs, which would drive up costs to the programs. Using deferred prosecution could avoid a conviction that would inadvertently limit competition and increase the prices of common medications, it says. It would also wrap up a case that has targeted the biggest names in the industry but has yet to produce charges against any major company.

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