Attorney General Formella Announces $17.85 Million in Generic Drug Price-Fixing Settlements and New Complaint Against Novartis and Sandoz AG and Sandoz Group AG

Concord, NH - Attorney General John M. Formella, along with a coalition of 47 states and territories, announces two settlements with Lannett Company, Inc. ("Lannett") and Bausch Health US, LLC and Bausch Health Americas, Inc. ("Bausch"), totaling $17.85 million to resolve allegations that both companies engaged in widespread, long-running conspiracies to artificially inflate and manipulate prices, reduce competition, and unreasonably restrain trade with regard to numerous generic prescription drugs.

"These settlements send a clear message that companies that manipulate prices and undermine competition will be held accountable," said Attorney General Formella. "Granite Staters deserve a fair and competitive marketplace, especially when it comes to prescription drugs. My office will continue working with state and federal partners to protect consumers and uphold the rule of law."

As part of their settlement agreements, both companies have agreed to cooperate in the ongoing multistate litigations against 30 corporate defendants and 25 individual executives. Both companies have further agreed to a series of internal reforms to ensure fair competition and compliance with antitrust laws.

If you purchased a generic prescription drug manufactured by either Lannett or Bausch 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 https://www.AGGenericDrugs.com.

Also today, 42 states and territories will file new lawsuit against Novartis and its subsidiaries Sandoz Group AG and Sandoz AG alleging a systemic campaign to conspire with other generic manufacturers to fix prices, allocate markets, and rig bids for 31 different generic drugs. The complaint further alleges that Novartis took steps to fraudulently transfer and drain assets from Sandoz, Inc., a defendant in the three previously filed state antitrust complaints, and spin off Sandoz, Inc. to shield Novartis from liability.

The Lannett and Bausch settlements follow prior settlements with Apotex and Heritage which totaled $49.1 million. These settlements come as the States prepare for the first trial to be held in Hartford, Connecticut and anticipated to be scheduled in late 2026. The first Complaint included Heritage and 17 other corporate Defendants, two individual Defendants, and 15 generic drugs. Two former executives from Heritage Pharmaceuticals, Jeffery Glazer and Jason Malek, have since entered into settlement agreements and are cooperating. The second Complaint was filed against Teva Pharmaceuticals and 19 of the nation's largest generic drug manufacturers. The Complaint names 16 individual senior executive Defendants. The third complaint, to be tried first, focuses on 80 topical generic drugs that account for billions of dollars of sales in the United States and names 26 corporate defendants and 10 individual defendants. Seven additional pharmaceutical executives have entered into settlement agreements with the States and have been cooperating to support the States' claims in all three cases.

The cases all stem from a series of investigations built on evidence from several cooperating witnesses at the core of the different conspiracies, a massive document database of over 20 million documents, and a phone records database containing millions of call detail records and contact information for over 600 sales and pricing individuals in the generics industry. Each complaint addresses a different set of drugs and defendants and lays out an interconnected web of industry executives where these competitors met with each other during industry dinners, "girls nights out", lunches, cocktail parties, golf outings and communicated via frequent telephone calls, emails and text messages that sowed the seeds for their illegal agreements. Throughout the complaints, defendants use terms like "fair share," "playing nice in the sandbox," and "responsible competitor" to describe how they unlawfully discouraged competition, raised prices, and enforced an ingrained culture of collusion. Among the records obtained by the States is a two-volume notebook containing the contemporaneous notes of one of the States' cooperators that memorialized his discussions during phone calls with competitors and internal company meetings over a period of several years.

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, call the Consumer Protection Hotline at 1-888-468-4454 or file a complaint online at https://www.doj.nh.gov/consumer/complaints.