Mylan Defeats EpiPen Antitrust Lawsuit Brought by Rival Sanofi

Mylan Inc. has dodged claims that it unlawfully shielded its EpiPen from competition by driving Sanofi’s epinephrine auto-injector from the market through exclusive agreements with insurers and pharmacy benefit managers, according to a ruling unsealed in a Kansas federal court.

Judge Daniel D. Crabtree granted summary judgment for Mylan, finding that it didn’t violate antitrust laws by offering rebates to insurers and PBMs that excluded Sanofi’s Auvi-Q from their drug formularies. Exclusive distribution deals are legal as long as they don’t involve threats or coercion, he said.

“In some instances, Mylan offered payors greater rebates if they agreed to exclusivity,” ...