Bristol-Myers Copay Subsidies Not Bribes, Judge Finds

Law360, New York (June 3, 2013, 10:22 PM EDT) -- A federal judge said Monday that Bristol-Myers Squibb Co.’s practice of subsidizing patients’ drug copays didn't constitute illegal bribery, dismissing a putative class action brought by insurers that complain the payments push patients to choose brand-name drugs over cheaper generics.

U.S. District Judge J. Paul Oetken said the payments do not run afoul of laws against commercial bribery because consumers have no duty to keep their insurance companies’ costs down.

The decision is an important one in a legal battle that has pitted drug companies and their...
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Case Information

Case Title

American Federation of State et al v. Bristol-Myers Squibb Co. et al

Case Number



New York Southern

Nature of Suit

Racketeer/Corrupt Organization


J. Paul Oetken

Date Filed

March 27, 2012

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