Lawyers Wrote 'Polite F-U Letters' to Help Big Pharma Fix Drug Prices, AGs Claim in Unredacted Suit
A newly unredacted complaint made public Monday appears to show several Big Pharma companies conspiring to fix prices. Here are some of the key takeaways in the lawsuit by 44 states against Teva Pharmaceuticals USA Inc., Pfizer Inc., Sandoz Inc., Mylan Pharmaceuticals Inc. and other corporate and individual defendants.
June 25, 2019 at 02:56 PM
6 minute read
A newly unredacted antitrust lawsuit against individual defendants and 20 corporate makers of generic drugs reveals details of how the pharmaceutical companies allegedly conspired to fix prices on more than 100 medications.
The companies describe their practices using such terms as “fair share” or “playing nice in the sandbox.”
But attorneys general from across the country allege a systematic conspiracy involving thousands of emails and phone calls to stifle competition and cause prices on generic antidepressants and other drugs to sometimes rise 1,000 fold.
Attorneys general from 44 states, including Connecticut, Delaware, Florida, New York, New Jersey and Pennsylvania, filed suit against Teva Pharmaceuticals USA Inc., Pfizer Inc., Sandoz Inc., Mylan Pharmaceuticals Inc., and other defendants in May. But the details of those allegations weren't made public until this week, when the Office of the Connecticut Attorney General released an unredacted version of the 524-page lawsuit.
The drug companies had fought to prevent details of the lawsuit from becoming public, but a federal judge granted the states' motion to unseal the complaint.
Here are some of the key takeaways.
|Lawyers allegedly helped fend off congressional inquiries
The lawsuit shows, for example, that in early October 2014, Heritage Pharmaceuticals received a letter from U.S. Rep. Elijah Cummings, D-Maryland, and U.S. Sen. Bernie Sanders, D-Vermont, as part of an inquiry into generic drug pricing.
“Heritage's outside counsel immediately set out to coordinate a response with counsel for defendants Teva and Mylan, to provide what he referred to as 'polite f-u' letters to Congress,” the lawsuit stated.
The attorneys general include in their complaint an alleged email to Heritage chief executive officer Jeff Glazer from an unidentified lawyer serving as the company's outside counsel.
That email allegedly informed the CEO his attorneys were working with lawyers from Teva and Mylan to schedule a conference call to ensure the companies were “all on the same page.”
“The consensus is, at this point, that the response will be polite f-u letters,” according to the email cited on page 356 of the lawsuit.
No one from Teva or Mylan's media relations offices responded to a request for comment.
But Denise Bradley, a spokeswoman for Heritage, denied any wrongdoing.
“Heritage has no visibility into how other companies responded to the congressional inquiry, but I can tell you that Heritage fully responded to the inquiry received from Sen. Sanders and Rep. Cummings, multiple times, by providing substantive and confidential information about its product sales and pricing data in order to assist and better inform the investigation,” Bradley said.
|Girls' nights out and other social events
The lawsuit also notes that top officials from competing companies regularly spent time together at events such as golf outings, “girls' night out,” conferences, trade shows and industry dinners that companies would take turns sponsoring.
It alleges the companies cultivated close ties, shown in emails, top drug company executives called competitors “fraternity brothers” and declared love for each other.
But the attorneys general allege a sinister goal.
“These trade shows and customer conferences provide generic drug manufacturers, including but not limited to the defendants, with ample opportunity to meet, discuss, devise and implement a host of anti-competitive schemes,” the suit claims.
Mike Cole, chief of the antitrust and government fraud department at the Connecticut Attorney General's Office, said while it's not technically illegal for competitors to gather at such functions, he's confident those functions were more than just friendly events.
“These multiple outings provided an opportunity to collude,” Cole said. “When you are at the bar or the first tee with a competitor, it stands to reason that there is an incentive to start to talk about business. One thing leads to another and, over time, these outings provided opportunities to discuss business and, more specifically, customers and pricing for specific drugs.”
Cole said he is convinced top drug company officials knew what they were allegedly doing was wrong.
“The first thing you are taught in antitrust training is to not discuss future and current pricing and customers with your competitors,” he said. “They knew it was wrong.”
Drug company officials describe their interactions as professional encounters to foster legitimate and reasonable business ties.
But Cole disagreed.
“It's about not undercutting another competitor when they raise prices, and to not try to steal another competitor's customers,” he countered.
|Fair share
Top company officials often referred to “fair share,” a term widely used in the industry to allegedly describe an agreement among the largest companies, to divide the generic drug market among themselves, rather than allowing market forces to do so. In this way, they stifled competition and caused prices to rise, rather than drop, according to attorneys general.
“Once a manufacturer has achieved its fair share, it is generally understood that the new competitor will no longer compete for additional business,” according to the complaint. “The common goal or purpose of this overarching agreement is to keep prices high, avoid price erosion and serve as the basis for further supra-competitive price increases.”
The defendants deny any wrongdoing.
Teva, Pfizer, Sandoz and Mylan are the four largest makers of generic drugs listed as defendants.
“As the company stated when the states' initial complaint was filed on May 10, we have cooperated with the Connecticut Attorney General since [Pfizer subsidiary] Greenstone was contacted over a year ago,” Pfizer spokeswoman Sally Beatty said. ”After carefully reviewing the complaint, the company stands by its initial conclusion that neither we nor our colleagues participated in unlawful conduct.”
Sandoz also denied wrongdoing and re-issued the same statement it had in May.
“We believe that these claims are without merit and will vigorously contest them,” it said.
Leslie Pott, Sandoz's communications vice president, declined to comment Tuesday on any of the specific allegations outlined in the newly unredacted lawsuit.
Connecticut Attorney General William Tong spearheaded the suit by 44 states, excluding California, Texas, Georgia, South Dakota, Arkansas and Wyoming.
“The evidence is undeniable and the conspiracy is unconscionable,” he said. “Our lawsuit alleges that generic drug manufacturers engaged in a brazen, industrywide conspiracy to fix prices and allocate market share for drugs that we rely on every day.”
Read More:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllJudge Slashes $2M in Punitive Damages in Sober-Living Harassment Case
DC Judge Rules Russia Not Immune in Ukrainian Arbitration Award Dispute
2 minute readRead the Document: 'Google Must Divest Chrome,' DOJ Says, Proposing Remedies in Search Monopoly Case
3 minute readApple Asks Judge to 'Follow the Majority Practice' in Dismissing Patent Dispute Over Night Vision Technology
Trending Stories
- 1'Largest Retail Data Breach in History'? Hot Topic and Affiliated Brands Sued for Alleged Failure to Prevent Data Breach Linked to Snowflake Software
- 2Former President of New York State Bar, and the New York Bar Foundation, Dies As He Entered 70th Year as Attorney
- 3Legal Advocates in Uproar Upon Release of Footage Showing CO's Beat Black Inmate Before His Death
- 4Longtime Baker & Hostetler Partner, Former White House Counsel David Rivkin Dies at 68
- 5Court System Seeks Public Comment on E-Filing for Annual Report
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250