The complaint does not cite specific examples of when or where this practice occurred, and a Sanofi spokesperson declined to provide them.
Such an “exclusive” requirement is fair game in the cutthroat world of pharmaceutical pricing — but not when the company demanding exclusivity has a monopoly, Sanofi argues.
“Pharmaceutical companies with monopolies for a given drug product do not — and under U.S. antitrust law, cannot — condition large rebates to block new rival drugs from key access to the market,” the complaint states.
If true, this wouldn’t be the first time that Mylan offered a low price in exchange for exclusive access to the market. For years, Mylan sold EpiPens directly to schools and offered a deep discount if the schools agreed not to purchase competing products, such as the Auvi-Q.
This lawsuit comes on the heels of revelations about another legal technique Mylan used to try and stop competing products from being covered by insurance. Mylan sued West Virginia after the state decided to promote the Auvi-Q, instead of the EpiPen, among its Medicaid patients.
Sanofi is demanding a jury trial. Mylan has 21 days to respond.