A settlement has been reached between Mylan Inc. (Mylan), the company that sells the EpiPen®, and the Attorney General's Antitrust Division resolving concerns that Mylan was engaging in anticompetitive conduct involving the cost, marketing, and availability of EpiPen products according to authorities.
Consequently, Maryland gets $4.5 million. This can be used to fuel programs for Maryland residents regarding consumer protection and antitrust enforcement.
Mylan said it will take several steps to support Maryland families, patients, and institutions. Included in this process will be the increasing of the co-pay coupon for the authorized generic version of the EpiPen from $25 to $40 and increasing access to EpiPen for vulnerable Marylanders.
“For too long, Mylan has cornered the market on this lifesaving medication and driven up costs for Maryland families who have had no choice but to pay,” said Attorney General Brown.
“Today’s settlement goes a long way toward holding Mylan accountable for putting profit over the people who depend on this drug to protect their health and keep their loved ones safe.”
According to the attorney general's office, Maryland joined a group of states investigating allegations that Mylan engaged in anticompetitive conduct to keep generic variations of the EpiPen unavailable to consumers.
Thus, using its power as a monopoly to increase its price and require that the life-saving drug be purchased in two-packs instead of a single pen.
Maryland later confirmed Mylan took steps to protect its position in the market by suppressing competition.
Officials say the company did this by entering into exclusionary contracts with pharmacy benefit managers that blocked generic competitors, filing patent lawsuits against competitors and then entering into pay-for-delay settlements, and lodging unfounded concerns with the Food and Drug Administration about EpiPen generic competitors in order to delay the availability of those lower-cost alternatives.
The settlement reached on Monday marks an almost two-year period of negotiations.
