Mylan Can't Escape EpiPen Distributors' Antitrust Claims

Law360 (January 19, 2021, 6:06 PM EST) -- A Minnesota federal judge has refused to throw out a proposed class action that accuses drugmaker Mylan Inc. of paying bribes and kickbacks to a group of pharmacy benefit managers and conspiring to engage in anti-competitive practices that jacked up the price of its anti-allergy injection EpiPen.

Mylan and the so-called PBM defendants — Express Scripts, Optum and CVS Caremark — each argued in separate but identical motions to dismiss that they did nothing unlawful outside their normal commercial business practices. They also stated, among other things, that drug distributors Rochester Drug Cooperative Inc. and Dakota Drug Inc. failed to show...

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