Attorney General Formella Seeks Court Approval for Generic Drug Price-Fixing Settlements to Benefit New Hampshire Consumers

Concord, NH - Attorney General John M. Formella announces that New Hampshire has joined a coalition of 45 states and territories seeking court approval of three settlements with Ascend Laboratories, Citron Pharma and Mayne Pharma to resolve allegations that the generic drug manufacturers engaged in a widespread, long-running conspiracy to artificially inflate and manipulate prices, reduce competition, and unreasonably restrain trade with regard to numerous generic prescription drugs.

"These settlements hold generic drug manufacturers accountable for conduct that undermines competition and drives up costs for consumers," said Attorney General Formella. "New Hampshire will continue to work with other states to protect competition and ensure that companies follow the rules."

These settlements focus primarily on injunctive relief. As part of the settlement, the companies each agreed to meaningful injunctive terms including a series of internal reforms to ensure fair competition and compliance with antitrust laws. These latest settlements come as the States prepare for the first trial to be held in February 2027. The States previously reached settlements with Sandoz, Glenmark, Lannett, Bausch, Apotex and Heritage, and Heritage's parent company, Emcure, totaling $496.5 million.

If you purchased a generic prescription drug between May 2009 and December 2019, you may be eligible for compensation. To determine your eligibility, call 1-866-290-0182 (Toll-Free), email [email protected] or visit www.AGGenericDrugs.com. You can submit a claim for compensation here.

New Hampshire is part of a coalition of nearly all states and territories pursuing a series of antitrust cases against generic drug manufacturers. The investigations began in 2016 with a complaint against Heritage Pharmaceuticals and other defendants involving 15 generic drugs. Two former Heritage executives, Jeffery Glazer and Jason Malek, have since entered into settlement agreements and are cooperating with the states.

A second complaint, filed in 2019, names Teva Pharmaceuticals and 21 other major generic drug manufacturers, as well as 16 senior executives. A third complaint, which is scheduled to be tried first, focuses on 80 topical generic drugs representing billions of dollars in U.S. sales and names 26 corporate and 10 individual defendants. Earlier this year, the states filed a fourth complaint against Novartis AG, Sandoz Group AG and Sandoz AG, alleging liability for Sandoz's conduct and fraudulent transfers of assets.

The cases are based on evidence from cooperating witnesses, more than 20 million documents and millions of telephone records involving more than 600 sales and pricing executives in the generic drug industry. The complaints allege that competing executives communicated by phone, email and text and met at industry gatherings to coordinate pricing and limit competition. The evidence also includes contemporaneous notes from a cooperating witness documenting conversations with competitors and internal company meetings over several years.

In addition to New Hampshire, states and territories joining the settlements include: Alaska, Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

The New Hampshire Department of Justice Consumer Protection and Antitrust Bureau investigates unfair, deceptive, or unreasonable practices involving New Hampshire consumers. To file a complaint with the New Hampshire Department of Justice, visit https://www.doj.nh.gov/consumer/complaints.