If you purchased certain prescriptions between May 1, 2009 and December 31, 2019, you could be eligible for restitution
HARRISBURG – Attorney General Dave Sunday, as part of a coalition of 48 states and territories, announced a $29.6 million settlement with Glenmark to resolve allegations that the generic drug manufacturer engaged in a widespread, long-running conspiracy to fix prices for generic prescription drugs.
The conspiracy involved efforts to artificially inflate and manipulate prices, reduce competition and unreasonably restrain trade within the generics industry.
Glenmark has agreed to pay $29.6 million to impacted states and will cooperate with ongoing litigation, as a part of the settlement. Pennsylvania is expected to receive approximately $1 million.
“This conspiracy worked against the very reason many Pennsylvanians choose generic drugs — for cost savings,” Attorney General Sunday said. “This company chose to pad profits instead of putting patient care first. I highly encourage anyone who has purchased generic prescription drugs between May 2009 and December 2019 to explore possible restitution qualification.”
If you purchased a generic prescription drug manufactured by either Glenmark, Lannett, Bausch, Apotex or Heritage between May 2009 and December 2019, you may be eligible for compensation. To determine your eligibility, call 1-866-290-0182 (Toll-Free), email info@AGGenericDrugs.com or visit www.AGGenericDrugs.com.
The case against Glenmark was one of several that stemmed from a series of comprehensive investigations, dating back to 2016, regarding sales and pricing in the generics industry.
Each complaint addresses a different set of drugs and defendants and lays out a web of competing industry executives that met with each other socially and communicated via frequent telephone calls, emails and text messages and sowed the seeds for their illegal agreements.
Throughout the complaint against Glenmark and all involved companies, defendants use terms like “fair share,” “playing nice in the sandbox,” and “responsible competitor” to describe how they unlawfully discouraged competition, raised prices and enforced an ingrained culture of collusion.
Among the records obtained by the states is a two-volume notebook containing the contemporaneous notes of one of the states’ cooperators that memorialized his discussions during phone calls with competitors and internal company meetings over a period of several years.
This settlement with Glenmark follows settlements with Lannett, Bausch, Apotex and Heritage totaling $66.95 million.
Almost all U.S. states and territories are participating in these antitrust cases regarding generic drug manufacturing. The first Complaint included Heritage Pharmaceuticals (now doing business as Avet Pharmaceuticals) and 17 other corporate Defendants, two individual Defendants, and 15 generic drugs.
The second Complaint was filed in 2019 against Teva Pharmaceuticals and 21 of the nation’s largest generic drug manufacturers. The third complaint focuses on 80 topical generic drugs that account for billions of dollars of sales in the United States and names 26 corporate defendants and 10 individual defendants.
As part of the settlement agreement, Glenmark will cooperate in the ongoing multistate litigations against 33 corporate defendants and 25 individual executives. The company has further agreed to a series of internal reforms to ensure fair competition and compliance with antitrust laws.
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