High Court Turns Down Sanofi’s EpiPen Lawsuit Against Mylan (2)

April 17, 2023, 1:38 PM UTCUpdated: April 17, 2023, 5:38 PM UTC

The US Supreme Court declined Monday to revive antitrust litigation brought by Sanofi SA over an alleged scheme by Mylan NV to shield its blockbuster EpiPen from competition.

The justices said they won’t review a ruling for Mylan by the US Court of Appeals for the Tenth Circuit. The lower court rejected Sanofi’s claim that its Auvi-Q product—also a lifesaving treatment for serious allergic reactions—was kept off shelves by Mylan’s exclusive deals with pharmacy benefit managers.

The case was part of a wide-ranging dispute that erupted in 2016 following a public uproar over a sixfold increase in the US price ...

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