Washington, multistate coalition seek approval for $400 million settlement in drug price-fixing case

Attorney General Nick Brown has joined a bipartisan coalition of 43 states and territories seeking court approval of a $400 million settlement to resolve allegations that two generic drug manufacturers engaged in long-running conspiracies to artificially inflate and manipulate prices and reduce competition.

The coalition of states and territories filed a motion for preliminary approval of the settlement with Sandoz Inc. and Fougera Pharmaceuticals Inc. on Oct. 1 in U.S. District Court for the District of Connecticut in Hartford. 

“Conspiring to charge Washington consumers more for the medicines they need is illegal and cruel,” Brown said. “Elected officials must work together to hold drug companies accountable and support consumers.”

The settlement will also resolve allegations that Sandoz Inc.’s past and present international affiliates—Novartis AG, Sandoz AG, and Sandoz Group AG—participated in the alleged anticompetitive conduct and fraudulently transferred assets to avoid liability. As part of the settlement, Sandoz has agreed to meaningful injunctive terms including a series of internal reforms to ensure fair competition and compliance with antitrust laws.   

Washington’s share of the settlement is more than $12 million. 

Consumers who purchased a generic prescription drug between May 2009 and December 2019 may be eligible for compensation. To determine eligibility, call 1-866-290-0182 (Toll-Free), email info@AGGenericDrugs.com or visit www.AGGenericDrugs.com. Consumers can submit a claim for compensation here. 

Washington and Idaho were the only states in the coalition to also secure restitution for businesses impacted by this conspiracy. Businesses in Washington that indirectly bought one or more of the generic prescription drugs at issue in the states’ cases or provided reimbursement for some or all of the purchase price may be eligible for compensation. The timeframe included in the settlement is May 2009 to December 2019. For more information, visit https://www.aggenericdrugs.com/English/CorporateEntities.

The Sandoz settlement follows settlements with Glenmark, Lannett, Bausch, Apotex and Heritage, and Heritage’s parent company, Emcure, totaling $96.5 million.  

Washington is part of a coalition of nearly all states and territories engaged in an ongoing series of antitrust cases related to the prices of generic pharmaceuticals that started in 2016. 

States and territories joining Washington in this settlement with Sandoz include: Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Tennessee, U.S. Virgin Islands, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming. 

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Washington’s Attorney General serves the people and the state of Washington. As the state’s largest law firm, the Attorney General’s Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, and environmental protection laws. The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington’s 39 counties. Visit www.atg.wa.gov to learn more.

Media Contact:

Email: press@atg.wa.gov

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