LAS VEGAS (FOX5) — Attorney General Aaron D. Ford announced a $29.6 million settlement with generic drug manufacturer Glenmark to resolve allegations that the company engaged in a conspiracy to artificially inflate prices, reduce competition and restrain trade involving more than 100 generic prescription drugs.
The drugs involved are used to treat conditions including asthma, high blood pressure, high cholesterol, mental health disorders, cancer, infections, allergies, skin conditions and diabetes.
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Settlement details
Ford announced the agreement alongside 47 other states and territories. As part of the settlement, Glenmark will cooperate in ongoing multistate litigation against 33 corporate defendants and 25 individual executives. The company also agreed to internal reforms to ensure compliance with antitrust laws.
“These companies preyed on Nevadans who depend on affordable generic drugs to survive and expected never to be held accountable. They were wrong,” Ford said. “Companies who conspire and scheme to manipulate prices and restrict fair trade will never be tolerated in Nevada. I encourage all Nevadans to check and see if they are eligible for compensation.”
Impacted Nevada agencies will receive approximately $41,000 from the settlement. More than $13 million will be placed into a consumer restitution fund.
Who may be eligible
Nevadans who purchased a generic prescription drug manufactured by Glenmark, Lannett, Bausch, Apotex or Heritage between May 2009 and December 2019 may be eligible for compensation.
To determine eligibility, residents can:
- Call 1-866-290-0182 (toll-free)
- Email [email protected]
- Visit www.AGGenericDrugs.com
Broader investigation
The Glenmark settlement follows previous settlements with Lannett, Bausch, Apotex and Heritage totaling $66.95 million.
Ford is part of a coalition of nearly all states and territories involved in a series of antitrust cases that began in 2016. The first complaint named Heritage and 17 other corporate defendants, two individual defendants and 15 generic drugs. Two former Heritage Pharmaceuticals executives, Jeffery Glazer and Jason Malek, have since entered into settlement agreements and are cooperating.
A second complaint was filed in 2019 against Teva Pharmaceuticals and 21 of the nation’s largest generic drug manufacturers, naming 16 individual senior executive defendants. A third complaint, set to be tried first, focuses on 80 topical generic drugs and names 26 corporate defendants and 10 individual defendants.
The cases stem from investigations built on cooperating witnesses, a database of more than 20 million documents and a phone records database containing millions of call detail records and contact information for more than 600 sales and pricing individuals in the generics industry.
Investigators found that competing executives met during industry dinners, lunches, cocktail parties and golf outings, and communicated via phone calls, emails and text messages to coordinate illegal agreements. Records show defendants used terms such as “fair share,” “playing nice in the sandbox” and “responsible competitor” to describe how they discouraged competition and raised prices.
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