02 November 2017

The Pharmacists' Conspiracy

The criminal conspiracy of two dozen pharmaceutical companies has been revealed

Secret agreements helped keep generic prices high

Mosmedpreparations

The attorneys general of 45 states, as well as the District of Columbia and Puerto Rico , have filed a petition in Philadelphia federal court to expand the charges against generic companies that are accused of criminal conspiracy to fix drug prices. If earlier the proceedings initiated in December 2016 affected six pharmaceutical manufacturers, now their number has been proposed to increase to eighteen, and the number of suspected drugs – from two to fifteen. In addition, lawsuits have been filed against senior managers who were directly involved in illegal operations: Rajiv Malik, president of Mylan, and Satish Mehta, executive director of Emcure Pharmaceuticals.

It is alleged that manufacturers of generic copies of medicines entered into criminal conspiracies for the sake of fixing drug prices and distributing wholesale customers among themselves – their buyers. Such illegal interaction allowed pharmaceutical companies to divide the market in accordance with pre-agreed agreements and win the necessary tenders for the supply of each of the medicines.

The defendants allegedly coordinated criminal schemes through direct contacts at industry exhibitions, consumer conferences and other events, as well as through electronic correspondence, telephone communication and text messages. The result of the cartel conspiracy was an artificial inflating of the cost of generic drugs, which led to an increase in costs under the state Medicaid and Medicare programs, an increase in spending by employers reimbursing health insurance for their employees, an increase in payments from the pockets of patients directly.

Moreover, the scale of the conspirators' network was characterized by such vastness that it essentially eliminated competition for the fifteen medicines sought. In the course of the ongoing investigation, everything is going to the fact that additional evidence will be revealed regarding the involvement of other pharmaceutical companies and other medicines. Now we see only the tip of this terrible iceberg of profit.

The complaint was filed against the following pharmaceutical companies:

  • "Actavis" (Actavis) [two legal entities], part of "Teva";
  • Ascend Laboratories;
  • "Apotex" (Apotex);
  • "Aurobindo Pharma" (Aurobindo Pharma);
  • Glenmark Pharmaceuticals;
  • "Dr. Reddy's Laboratories" (Dr. Reddy's Laboratories);
  • "Zydus Cadila" (Zydus Cadila);
  • "Lannett" (Lannett);
  • "Mylan" (Mylan);
  • "Mayne Pharma" (Mayne Pharma) as part of "Hospira" (Hospira) as part of "Pfizer" (Pfizer);
  • Par Pharmaceutical, owned by Endo International;
  • Sun Pharmaceutical Industries;
  • Sandoz as part of Novartis;
  • Citron Pharma, purchased by Aceto;
  • Teva Pharmaceutical Industries (Teva Pharmaceutical Industries);
  • Heritage Pharmaceuticals, absorbed by Emcure;
  • Emcure Pharmaceuticals.

The following medications were suspected of fixing prices: acetazolamide, verapamil, glibenclamide, glibenclamide + metformin, glipizide + metformin, doxycycline hyclate, doxycycline monohydrate, zoledronic acid, leflunomide, meprobamate, nimodipine, nystatin, paromomycin, theophylline, fosinopril + hydrochlorothiazide.

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