Sanofi Tells 10th Circ. It Paid $36M To Access EpiPen Market

By Matthew Perlman (January 19, 2022, 8:46 PM EST) -- Sanofi-Aventis US LLC told the Tenth Circuit during oral argument Wednesday that it should not have had to offer a pharmacy benefits manager $36 million in rebates for an unrelated product to be able to compete with Mylan in the market for its emergency allergy treatment EpiPen.

Sanofi attorney Gregory Silbert of Weil Gotshal & Manges LLP told the panel that Mylan kept its dominant share of the market following the launch of Sanofi's competing treatment Auvi-Q by punishing customers that refused to purchase EpiPen exclusively. Under the scheme, according to Sanofi, Mylan exorbitantly raised the base price of EpiPen and then cut...

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