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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!