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Viatris and Mylan Epinephine Antitrust and RICO Violations Virginia Class Action

The complaint for this class action opens with the words, “This case presents one of the most egregious examples of corporate greed and malfeasance in our nation’s history.” It alleges that the companies behind EpiPens have violated antitrust laws and the Racketeer Influenced and Corrupt Organizations (RICO) Act to maintain a monopoly on the epinephrine market and raise the price of EpiPens exorbitantly. The defendants include Viatris, Inc. (the successor-in-interest to Mylan, NV), Mylan Specialty, LP, Mylan Pharmaceuticals, Inc. and Heather Bresch.

Numerous children and adults live with the risk that a severe allergic reaction to common things—like ordinary foods or bee stings—might kill them. Many carry EpiPens, which are autoinjectors filled with epinephrine, a drug meant to counter severe allergic reactions. EpiPens are sold in the US by Mylan.

The complaint alleges that, since 2009, the defendants in this case have followed an illegal scheme to maintain a monopoly on EpiPens and have raised their price by more than 600% since 2007. According to the complaint, the steep price increases were not necessitated by market conditions, manufacturing costs, epinephrine prices, or any other pressing factor: “They were driven solely by unaccountable executives and companies who sought to profit off of human misery and fear.”

The complaint lists ways the companies managed to maintain their monopoly and drive prices up. The allegations include the following:

  • Misclassifying EpiPens in Medicaid’s Drug Rebate Program to save on rebates
  • Paying to delay competitors’ products’ entry to the market
  • Offering pharmacy benefit managers rebates and incentives to exclude competitors
  • Providing free EpiPens to schools only if competing products are not used
  • Using deceptive marketing to stop competition
  • Claiming there’s a medical need to sell EpiPens only in two-packs
  • Intervening in regulatory proceedings
  • Enforcing invalid patents to discourage competitors
  • Falsely testifying to Congress

On January 30, 2017, the complaint asserts, “the Federal Trade Commission [FTC] announced that it is investigating numerous possible federal law violations by Mylan in connection with the EpiPen.”

The counts include violations of antitrust laws and the Racketeer Influenced and Corrupt Organizations (RICO) Act, among other things.

Two classes have been defined for this action:

  • The Nationwide Class for this action is all persons or entities in the US and its territories who bought or paid for some or all of the price for EpiPens, for consumption by themselves, their families, or their members, employees, insureds, and so on, not for resale, between January 1, 2009 and the date the effects of the anticompetitive conduct cease.
  • The Virginia State Antitrust and Consumer Protection Class is all persons or entities in Virginia who bought or paid for some or all of the price for EpiPens, for consumption by themselves, their families, or their members, employees, insureds, and so on, not for resale, between January 1, 2009 and the date the effects of the anticompetitive conduct cease.
Article Type: Lawsuit
Topic: Antitrust

Most Recent Case Event

Viatris and Mylan Epinephine Antitrust and RICO Violations Virginia Complaint

November 1, 2021

The complaint for this class action opens with the words, “This case presents one of the most egregious examples of corporate greed and malfeasance in our nation’s history.” It alleges that the companies behind EpiPens have violated antitrust laws and the Racketeer Influenced and Corrupt Organizations (RICO) Act to maintain a monopoly on the epinephrine market and raise the price of EpiPens exorbitantly. The defendants include Viatris, Inc. (the successor-in-interest to Mylan, NV), Mylan Specialty, LP, Mylan Pharmaceuticals, Inc. and Heather Bresch.

Viatris and Mylan Epinephine Antitrust and RICO Violations Virginia Complaint

Case Event History

Viatris and Mylan Epinephine Antitrust and RICO Violations Virginia Complaint

November 1, 2021

The complaint for this class action opens with the words, “This case presents one of the most egregious examples of corporate greed and malfeasance in our nation’s history.” It alleges that the companies behind EpiPens have violated antitrust laws and the Racketeer Influenced and Corrupt Organizations (RICO) Act to maintain a monopoly on the epinephrine market and raise the price of EpiPens exorbitantly. The defendants include Viatris, Inc. (the successor-in-interest to Mylan, NV), Mylan Specialty, LP, Mylan Pharmaceuticals, Inc. and Heather Bresch.

Viatris and Mylan Epinephine Antitrust and RICO Violations Virginia Complaint
Tags: Antitrust, Pharmaceuticals, RICO laws