Lawsuit: Mylan’s epic EpiPen price hike wasn’t about greed—it’s worse

Enlarge / Mylan Inc. CEO Heather Bresch testifies on Capitol Hill in a hearing on "Reviewing the Rising Price of EpiPens." (credit: Getty | Alex Wong)

When Mylan dramatically increased the price of its life-saving EpiPen devices, it drew sharp rebuke all around for what seemed like a purely greedy—and heartless—move. But according to a lawsuit filed by French drug maker Sanofi, the move wasn’t just out of simple greed. Instead, it was part of an underhanded scheme to “squash” competition from Sanofi’s rival device, the Auvi-Q.

With the lofty prices and near-monopoly over the market, Mylan could dangle deep discounts to drug suppliers—with the condition that they turn their backs on Sanofi’s Auvi-Q—the lawsuit alleges. Suppliers wouldn’t dare ditch EpiPens, the most popular auto-injector. And with the high prices, the rebates wouldn’t put a dent in Mylan’s hefty profits, Sanofi speculates.

Coupled with a smear campaign and other underhanded practices, Mylan effectively pushed Sanofi out of the US epinephrine auto-injector market, Sanofi alleges. The lawsuit, filed Monday in a federal court in New Jersey, seeks damages under US Antitrust laws.