Hindustan Times ST (Mumbai)

Top Indian drug makers accused of price fixing

Sun, Dr Reddy’s among firms named in US suit

- Teena Thacker and Bloomberg

NEW DELHI/WASHINGTON: Seven Indian drug makers, including Sun Pharmaceut­ical Industries Ltd and Dr Reddy’s Laboratori­es Ltd, and five of their executives have been named in a US lawsuit that accuses Israel’s Teva Pharmaceut­ical Industries Ltd of orchestrat­ing a conspiracy to raise medicine prices.

The antitrust lawsuit was filed by 40 US states on May 10 and is based on a five-year investigat­ion of the firms. Other Indian generic drug makers named in the lawsuit are Aurobindo Pharma Ltd, Glenmark Pharmaceut­icals Ltd, Lupin Ltd, Wockhardt Ltd and Zydus Pharma.

The lawsuit accuses 20 drug makers of conspiring to inflate prices of more than 100 different drugs, significan­tly broadening a 2016 complaint. In addition to the states, the justice department’s antitrust division is conducting a criminal probe. The complaint is an expanded document of suit, which is still under litigation and was filed by US states in December 2016.

The states claim that the drug makers conspired with one another to fix prices and carve up markets for medicines among themselves, rather than compete on price. Executives used industry dinners, cocktail parties and golf outings to perpetuate the scheme, in addition to communicat­ing through text messages and telephone calls, the complaint said.

Indian pharma stocks declined in Mumbai on Monday. BSE’S healthcare index fell 3.53% to 13,310.47 points. Shares of Sun Pharmaceut­icals plunged 21% in intraday trading, but ended the day down 9.39% to ₹396.85 on the BSE. Dr Reddy’s fell 2.5% to ₹2,804.95. A Sun Pharmaceut­ical spokespers­on said, “We believe the allegation­s made in these lawsuits are without merit and we will continue to vigorously defend against them.”

The US complaint puts Teva at the centre of the conspiracy, saying it colluded with a core group of competitor­s to follow each other’s price increases. During a 19-month period from 2013 to 2015, Teva significan­tly raised prices on about 112 generic drugs and colluded with its competitor­s on at least 86 medicines, the states said. While the size of the increases varied, some were more than 1,000%.

“Teva is a consistent participan­t in the conspiraci­es identified in this complaint, but the conduct is pervasive and industry-wide,” according to the complaint that was filed in federal court in Connecticu­t.

“Through its senior-most executives and account managers, Teva participat­ed in a widerangin­g series of restraints with more than a dozen generic drug manufactur­ers, all of whom knowingly and willingly participat­ed.”

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