The Mercury News

Teva’s U.S. unit charged in price-fixing probe

- By David McLaughlin

Teva Pharmaceut­ical Industries was charged by the U.S. with conspiring with competitor­s to raise prices for generic drugs, the most significan­t case to come out of a yearslong investigat­ion of price-fixing by pharmaceut­ical companies.

Teva’s U.S. unit was indicted on charges of participat­ing in three conspiraci­es to fix prices and allocate customers from May 2013 to December

2015, the Justice Department said Tuesday.

Teva, the world’s largest genericdru­g maker by market value, is the most high-profile company to be charged in the Justice Department’s probe into allegation­s that companies conspired with one another to prop up the prices of certain widely used medication­s. Nine of every 10 prescripti­on drugs dispensed in the U.S. are generics.

Five other companies have settled charges and agreed to pay a total of $426 million in criminal penalties, while a sixth was charged in June.

“Today’s charge reaffirms that no company is too big to be prosecuted for its role in conspiraci­es that led to substantia­lly higher prices for generic drugs relied on by millions of Americans,” Makan Delrahim, the head of the department’s antitrust division, said in a statement.

Teva’s U.S.-traded shares fell as much as 6% after Bloomberg News reported earlier Tuesday that the gov

ernment was planning to charge the company. The shares closed down less than 1% at $9.54. The company didn’t respond to a request seeking comment about the indictment.

The Justice Department said Teva colluded with competitor­s to increase prices for medication­s that treat

cholestero­l, seizures, pain, skin conditions, blood clots, brain cancer, cystic fibrosis, arthritis and hypertensi­on.

The case came after Teva, which is based in Israel, rebuffed a settlement that would have required paying a criminal penalty and admitting wrongdoing, according to a person familiar who declined to be named because the investigat­ion is confidenti­al.

Chief Executive Officer Kare Schultz said in an interview

earlier this month that Teva didn’t engage in price-fixing and that the company was prepared to fight any charges. Schultz said the company wouldn’t agree to an accord that could limit the company’s ability to sell products in the U.S.

Teva Is at Center of Drug Price-Fixing Case Filed by States

The Justice Department’s antitrust division, which is conducting the investigat­ion,

had offered Teva a settlement known as a deferred prosecutio­n agreement, according to a person familiar with the matter. Such resolution­s suspend charges but require a company to admit wrongdoing and cooperate in the investigat­ion.

Teva told the government it would only accept a nonprosecu­tion agreement that doesn’t require the drugmaker to admit wrongdoing, the person said.

Admitting to wrongdoing would expose Teva to a potentiall­y costly settlement in pending civil litigation tied to the price-fixing allegation­s. A criminal conviction could bar the company from doing business with Medicare and Medicaid.

Investors have long aired their concerns about Teva’s mounting legal exposure in both the generic price-fixing probes, as well as separate suits alleging the company played a major role in the opioid epidemic.

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