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Glenmark Pharmaceuticals, Price-Fixing, Pennsylvania 2023

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Glenmark Pharmaceuticals, a generic pharmaceutical manufacturer, has agreed to pay $25 million to resolve its alleged liability under the False Claims Act for conspiring to fix the price of a generic drug.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Glenmark Pharmaceuticals Inc., USA, a generic pharmaceutical manufacturer located in Mahwah, New Jersey, has agreed to pay $25 million, based on its ability to pay, to resolve its alleged liability under the False Claims Act for conspiring to fix the price of a generic drug.

The government alleged that, between 2013 and 2015, Glenmark paid and received compensation prohibited by the Anti-Kickback Statute through arrangements on price, supply and allocation of customers with other pharmaceutical manufacturers for a generic drug manufactured by Glenmark, pravastatin, which is widely used to treat high cholesterol and triglyceride levels.

“At a time when excessive drug costs are already imposing unprecedented burdens on our country’s vulnerable citizens, an illegal conspiracy to fix the prices of generic drugs is alarming,” said U.S. Attorney Jacqueline C. Romero for the Eastern District of Pennsylvania. “My office is proud to work with the rest of the department and our investigative partners to hold companies accountable when they illegally inflate prices on drugs used for the health and well-being of our citizens.”

The exact criminal charges against Glenmark Pharmaceuticals Inc., USA include conspiring to fix prices on pravastatin, a generic drug used to treat high cholesterol and triglyceride levels. The company admitted to conspiring with two other generic drug companies to fix prices on pravastatin.

Glenmark previously entered into a deferred prosecution agreement with the Justice Department’s Antitrust Division to resolve related criminal charges. Glenmark paid a criminal penalty of $30 million based on its ability to pay and admitted to conspiring with two other generic drug companies to fix prices on pravastatin. The civil settlement payment announced today is in addition to the criminal penalty paid by the company.

The civil settlement is the sixth resolution arising from the Justice Department’s investigation of price fixing by generic drug manufacturers and was handled by the Civil Division’s Commercial Litigation Branch, Fraud Section, and U.S. Attorney’s Office for the Eastern District of Pennsylvania, with support from HHS-OIG, the Defense Health Agency Program Integrity Office and DCIS.

The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud and ensuring that pharmaceutical companies operate fairly and transparently.

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