Commentary

West Virginia Attorney General Patrick Morrisey joined a multistate lawsuit alleging antitrust violations involving an antibiotic, an oral diabetes medication, and six generic drug manufacturers.

The companies are accused of fixing prices, coordinating schemes through direct interactions with competitors and allocating markets among other assertions. Those sued were Heritage Pharmaceuticals, Inc., Aurobindo Pharma USA, Inc., Citron Pharma, LLC, Mayne Pharma (USA), Inc., Mylan Pharmaceuticals, Inc., and Teva Pharmaceuticals USA, Inc.

“Failure to comply with antitrust laws hurts consumers and drives up prices,” said Morrisey. “The allegations raised in this lawsuit are troubling and will be pursued vigorously in court.”  The defendants allegedly violated the West Virginia Antitrust Act, which outlaws contracts or conspiracies for the purpose of fixing, controlling or maintaining market prices of any commodity or service.

The lawsuit followed an investigation into reasons behind price increases of certain generic pharmaceuticals. It allegedly uncovered evidence of a well-coordinated and long-running conspiracy to fix prices and allocate markets for doxycycline hyclate delayed release, an antibiotic, and glyburide, an oral diabetes medication

West Virginia seeks the reimbursement of civil penalties, costs and attorney fees among other monetary relief. West Virginia filed its lawsuit with Arkansas, District of Columbia, Missouri, and New Mexico. It stands as a companion case to allegations filed by other attorney generals led by Connecticut.