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ARTICLE · 01 SEPTEMBER 2023

DOJ Criminal Antitrust Settlements Involve Dollars, Donations, And Divestitures

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On August 21, the U.S. Department of Justice (DOJ), Antitrust Division announced deferred prosecution agreements (DPAs) resolving criminal antitrust charges against Teva Pharmaceuticals USA Inc.

United StatesAntitrust/Competition Law
Sam Sullivan
Sam Sullivan
Andre Geverola
Andre Geverola
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On August 21, the U.S. Department of Justice (DOJ), Antitrust Division announced deferred prosecution agreements (DPAs) resolving criminal antitrust charges against Teva Pharmaceuticals USA Inc. (Teva) and Glenmark Pharmaceuticals Inc., USA (Glenmark). The DPAs are historic. For the first time ever, a DOJ antitrust criminal settlement requires divestiture from a line of business and a donation of the allegedly price-fixed products to a third party.

The charges against Teva and Glenmark resulted from DOJ's broader criminal investigation into alleged price fixing by generic pharmaceutical companies. Teva and Glenmark were charged in 2020, and now represent the sixth and seventh companies to settle such charges with DOJ. Five other companies were charged in the investigation, all of which have entered deferred prosecution agreements. In addition, three individual executives have pleaded guilty, while another awaits trial.

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