FOR IMMEDIATE RELEASE
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BALTIMORE, MD — Attorney General Anthony G. Brown today announced that his Antitrust Division has reached a settlement with Mylan Inc. (Mylan), the company that sells the EpiPen®, resolving concerns about anticompetitive conduct involving the cost, marketing, and availability of EpiPen products.
“For too long, Mylan has cornered the market on this lifesaving medication and driven up costs for Maryland families who have had no choice but to pay,” said Attorney General Brown. “Today’s settlement goes a long way toward holding Mylan accountable for putting profit over the people who depend on this drug to protect their health and keep their loved ones safe.”
The EpiPen is a life-saving epinephrine auto-injector used by people at risk of severe allergic reactions. The EpiPen is the most widely used emergency treatment for anaphylaxis, a sudden and potentially fatal allergic reaction. It is a necessity for the millions of Americans – including hundreds of thousands of Marylanders – living with severe allergies to foods, insect stings, or medications.
In 2024, Maryland joined a group of states investigating allegations that Mylan engaged in anticompetitive conduct to keep generic versions of the EpiPen off the market and used its monopoly power to increase its price and require that the life-saving drug be purchased in two-packs instead of a single pen. After nearly two years of investigation and negotiations, Maryland and Mylan have reached the settlement announced today.
Maryland identified that Mylan took steps to protect its market dominance and suppress competition, by entering into exclusionary contracts with pharmacy benefit managers that blocked generic competitors, filing patent lawsuits against competitors and then entering into pay-for-delay settlements, and lodging unfounded concerns with the Food and Drug Administration about EpiPen generic competitors in order to delay the availability of those lower-cost alternatives.
Under the settlement, Maryland has received $4.5 million, which can be used to fund programs that benefit Maryland residents such as for consumer protection and antitrust enforcement. In addition to the financial payment, Mylan has agreed to take several steps aimed at supporting Maryland families, patients, and institutions, including increasing the co-pay coupon for its authorized generic version of the EpiPen from $25 to $40 and increasing access to EpiPen for vulnerable Marylanders.
The agreement resolves claims related to EpiPen pricing and competition in Maryland. The State will continue participating in all efforts addressing anticompetitive conduct related to the pharmaceutical drug industry.
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