Mylan Gets Final Approval of $73.5 Million EpiPen Antitrust Deal

Mylan Pharmaceuticals Inc. won final approval of a $73.5 million settlement to resolve antitrust claims that it conspired with other drugmakers to inflate the cost of life-saving EpiPen injections.

Judge Daniel D. Crabtree of the US District Court for the District of Kansas in a Wednesday order called the deal “a good outcome for the class members given the risks of the litigation.” Pfizer Inc., maker of the EpiPen, reached a $50 million settlement in the case last year, bringing the total recovered to $123.5 million.

Crabtree also approved attorneys’ fees of $24.5 million, one-third of the settlement amount.

The case stems from a 2020 lawsuit brought by pharmacy services provider KPH Healthcare Services alleging it overpaid for injectors due to Mylan’s alleged monopolization of the EpiPen market in violation of Section 2 of the Sherman Act.

Mylan sells the EpiPen auto-injector drug device that delivers epinephrine for the treatment of severe allergic reactions.

Mylan also allegedly conspired with Pfizer to delay the entry of less-expensive generic EpiPens, and increased the list price for the product from $100 in 2007 to $608 in 2016.

The court dismissed Pfizer from the case last year, leaving Mylan and its affiliates as defendants.

Mylan is represented by Hogan Lovells US LLP. The plainitiffs are represented by firms including Roberts Law Firm and Nussbaum Law Group PC.

The case is KPH Healthcare Servs. Inc. v. Mylan N.V, D. Kan., No. 2:20-cv-02065, 5/21/25.