Lexology September 6, 2023
Fried Frank Harris Shriver & Jacobson LLP

On August 21, 2023, DOJ announced that Teva Pharmaceuticals USA, Inc. (“Teva”) and Glenmark Pharmaceuticals Inc., USA (“Glenmark”) have entered into deferred prosecution agreements (“DPAs” or “agreements”) to resolve a multiyear, ongoing criminal antitrust investigation of generic drug manufacturers.[1] Notably, each company must divest (under the supervision of a monitor) one of the main drugs at the center of the companies’ price-fixing scheme. Teva must also donate $50 million of two other generic drugs involved in the conspiracy to “humanitarian organizations whose mission includes providing medication to those in need.”[2] Under the agreements, Teva will pay a $225 million criminal penalty, which the Antitrust Division of DOJ (the “Division”) has stated is “the largest to date for a domestic antitrust...

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