Mylan NV still has to fight a class-action suit over its EpiPen allergy treatment, though a judge narrowed its scope on Friday, throwing out allegations that the company made misleading statements, didn’t disclose its regulatory risks and fixed prices for some generic drugs.
Claims that the EpiPen rebate scheme violated antitrust rules remain. The lawsuit “adequately alleges both harm to competition in the relevant market, and the predominance of anticompetitive effects,” U.S. District Judge J. Paul Oetken ruled. Plaintiffs claim the rebate program “blocked Sanofi from accessing a significant portion of the market for epinephrine autoinjectors.”
