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ARTICLE · 14 FEBRUARY 2020

Pharmaceutical Price Fixing Prosecutions Offer Guidance On Interactions With Competitors

Buchanan Ingersoll & Rooney
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Earlier this month, the Department of Justice (DOJ) announced yet another case filed in the Eastern District of Pennsylvania...

United StatesAntitrust/Competition Law
Wendelynne J Newton
Wendelynne J Newton
Joseph M. Cardosi
Joseph M. Cardosi
Jason Parish
Jason Parish
Mark A. Kasten
Mark A. Kasten
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Earlier this month, the Department of Justice (DOJ) announced yet another case filed in the Eastern District of Pennsylvania against a former pharmaceutical executive for allegedly conspiring to fix prices for generic drugs. U.S. Attorney William McSwain touted the enforcement action as the third of its kind within the last year, following similar antitrust cases filed against Rising Pharmaceuticals and Heritage Pharmaceuticals. The action and statements from DOJ officials serve as notice to the generic pharmaceutical industry and its participants that the ongoing criminal investigation—which reportedly dates back to 2014 and has spawned a number of collateral civil suits—will continue to target conduct within the pharmaceutical industry that it alleges violates antitrust laws. The indictment also demonstrates the DOJ will seek to hold senior executives individually accountable for conduct the government believes violates the antitrust laws.

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