Antitrust and Generic Drugs – A Rare Combination
Generic drug companies have been on the radar of the Department of Justice (“DOJ”) for several years, and recently the DOJ filed the first documents in the first suit against a generic drug manufacturer. Interestingly, they chose to start with a little-known company, after the company already went after the executives for racketeering charges. This article outlines several different actions focused on generic pharmaceutical manufacturers that are presently working their way through the courts.
On December 12, 2016, two former senior generic pharmaceutical executives were charged for their alleged roles in conspiracies to fix prices, rig bids, and allocate customers for certain generic drugs. Jeffrey Glazer, the former CEO of Heritage Pharmaceuticals, Inc. (“Heritage”), and Jason Malek, the former president of Heritage, allegedly conspired to fix prices, rig bids, and allocate customers for two different generics: an antibiotic (doxycycline hyclate) and a medicine used to treat diabetes (glyburide).