West Virginia Record

Sunday, July 21, 2019

Morrisey says drug manufacturers violated antitrust laws

By Kyla Asbury | Jul 17, 2017

CHARLESTON – West Virginia Attorney General Patrick Morrisey has joined a multi-state lawsuit alleging that six generic drug manufacturers violated antitrust laws.

The companies are accused of fixing prices, coordinating schemes through direct interactions with competitors and allocating markets, among other assertions.

Heritage Pharmaceuticals; Aurobindo Pharma USA; Citron Pharma; Mayne Pharma (USA); Mylan Pharmaceuticals; and Teva Pharmaceuticals USA were named as defendants in the suit.

“Failure to comply with antitrust laws hurts consumers and drives up prices,” Morrisey said. “The allegations raised in this lawsuit are troubling and will be pursued vigorously in court.”

The defendants allegedly violated the West Virginia Antitrust Act, which outlaws contracts or conspiracies for the purpose of fixing, controlling or maintaining market prices of any commodity or service.

The lawsuit followed an investigation into reasons behind price increases of certain generic pharmaceuticals.

It allegedly uncovered evidence of a well-coordinated and long-running conspiracy to fix prices and allocate markets for doxycycline hyclate delayed release, an antibiotic, and glyburide, an oral diabetes medication

West Virginia seeks the reimbursement of civil penalties, costs and attorney fees among other monetary relief.

West Virginia filed its lawsuit with Arkansas, District of Columbia, Missouri and New Mexico.

It stands as a companion case to allegations filed by other attorneys general led by Connecticut.

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Virginia Attorney General's Office