Office of the Vermont Attorney General

Vermont Joins Antitrust Lawsuit Against Teva Pharmaceuticals, 19 Other Generic Drug Manufacturers, 15 Individuals

May 13, 2019

Contact: Charity R. Clark, Chief of Staff, 802-828-3171

 

Lawsuit Alleges Conspiracy to Fix Prices on 100+ Different Generic Drugs

Attorney General T.J. Donovan joined 43 states in in filing suit against Teva Pharmaceuticals and 19 of the nation’s largest generic drug manufacturers. The lawsuit alleges a broad conspiracy to artificially inflate and manipulate prices, reduce competition, and unreasonably restrain trade for more than 100 different generic drugs. The complaint, filed in U.S. District Court for the District of Connecticut, also names 15 individual senior executive defendants at the heart of the conspiracy. These defendants were responsible for sales, marketing, pricing and operations. The drugs at issue account for billions of dollars of sales in the United States. The alleged schemes increased prices affecting the health insurance market, taxpayer-funded healthcare programs like Medicare and Medicaid, and individuals who must pay artificially-inflated prices for their prescription’s drugs.

The complaint alleges that Teva, Sandoz, Mylan, Pfizer and 16 other generic drug manufacturers engaged in a broad, coordinated, and systematic campaign to conspire with each other to fix prices, allocate markets and rig bids for more than 100 different generic drugs. The drugs span all types, including tablets, capsules, suspensions, creams, gels, ointments, and classes, including statins, ace inhibitors, beta blockers, antibiotics, anti-depressants, contraceptives, non-steroidal anti-inflammatory drugs, and treat a range of diseases and conditions from basic infections to diabetes, cancer, epilepsy, multiple sclerosis, HIV, ADHD, and more. In some instances, the coordinated price increases were over 1,000 percent.

“These are medications that people need. To inflate their prices and make these essential drugs more expensive is reprehensible. If corporations are manipulating the market to fix drug prices, they must be held accountable,” said Attorney General Donovan.

The complaint lays out an interconnected web of industry executives who met during industry dinners, lunches, cocktail parties, and golf outings. The complaint alleges that these operatives also communicated regularly via telephone calls, emails, and text messages to sow the seeds for their illegal agreements to discourage competition, raise prices, and enforce an ingrained culture of collusion.

The lawsuit seeks damages, civil penalties, and actions by the court to restore competition to the generic drug market.

The complaint is the second to be filed in an ongoing investigation. The first complaint, still pending in U.S. District Court in the Eastern District of Pennsylvania, was filed in 2016 and now includes 18 corporate defendants, two individual defendants, and 15 generic drugs. Two former executives from Heritage Pharmaceuticals, Jeffery Glazer and Jason Malek, have entered into settlement agreements and are cooperating with the Attorneys General working group in that case.

Vermont is joined in the Connecticut led suit by Alabama, Alaska, Arizona, Colorado, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin and Puerto Rico.

A copy of the complaint can be found here:

Part 1

Part 2

 

Corporate Defendants

  1. Teva Pharmaceuticals USA, Inc.
  2. Sandoz, Inc.
  3. Mylan Pharmaceuticals Inc.
  4. Actavis Holdco US, Inc.
  5. Actavis Pharma, Inc.
  6. Amneal Pharmaceuticals, Inc.
  7. Apotex Corp.
  8. Aurobindo Pharma U.S.A., Inc.
  9. Breckenridge Pharmaceutical, Inc.
  10. Reddy’s Laboratories, Inc.
  11. Glenmark Pharmaceuticals Inc. USA
  12. Greenstone LLC
  13. Lannett Company, Inc.
  14. Lupin Pharmaceuticals, Inc.
  15. Par Pharmaceutical Companies, Inc.
  16. Pfizer, Inc.
  17. Taro Pharmaceuticals USA, Inc.
  18. Upsher-Smith Laboratories, LLC
  19. Wockhardt USA, LLC
  20. Zydus Pharmaceuticals (USA), Inc.

 

Individual defendants

  1. Ara Aprahamian, Vice President of Sales and Marketing at Taro Pharmaceuticals U.S.A, Inc.
  2. David Berthold, Vice President of Sales at Lupin Pharmaceuticals, Inc.
  3. James Brown, Vice President of Sales at Glenmark Pharmaceuticals, Inc.
  4. Maureen Cavanaugh, former Senior Vice President and Chief Commercial Officer, North America, for Teva
  5. Marc Falkin, former Vice President, Marketing, Pricing and Contracts at Actavis
  6. James Grauso, former Senior Vice President, Commercial Operations for Aurobindo from December 2011 through January 2014. Since February 2014, Grauso has been employed as the Executive Vice President, N.A. Commercial Operations at Glenmark
  7. Kevin Green, former Director of National Accounts at Teva from January 2006 through October 2013.  Since November 2013, Green has worked at Zydus Pharmaceuticals (USA) Inc. as the Vice President of Sales
  8. Armando Kellum, former Vice President, Contracting and Business Analytics at Sandoz
  9. Jill Nailor, Senior Director of Sales and National Accounts at Greenstone
  10. James Nesta, Vice President of Sales at Mylan
  11. Kon Ostaficiuk, the President of Camber Pharmaceuticals, Inc.
  12. Nisha Patel, former Director of Strategic Customer Marketing and later, Director of National Accounts at Teva.
  13. David Rekenthaler, former Vice President, Sales US Generics at Teva
  14. Richard Rogerson, former Executive Director of Pricing and Business Analytics at Actavis
  15. Tracy Sullivan DiValerio, Director of National Accounts at Lannett

 

Last modified: May 13, 2019