Mylan Beats Sanofi on Appeal in Antitrust Case Over EpiPen (1)

Two Mylan NV units prevailed Friday in an antitrust case brought by affiliates of rival Sanofi SA, after a federal appeals court in Denver rejected allegations that Mylan schemed to shield its blockbuster EpiPen allergy treatment from competition.

The US Court of Appeals for the Tenth Circuit upheld a summary judgment ruling in Mylan’s favor. Judge Bobby R. Baldock, writing for the appeals court, said Sanofi failed to back up claims that its Auvi-Q product was kept off shelves by Mylan’s exclusive agreements with pharmacy benefit managers.

For one thing, the exclusive deals were “instigated” by benefit managers seeking ...