Sanofi claims its Auvi-Q, a more portable epinephrine autoinjector with a retractable needle and audio instructions, couldn't compete on the unlevel playing field Mylan created for its EpiPen.
(CN) — Global pharmaceutical giant Sanofi-Aventis asked the 10th Circuit on Wednesday to revive antitrust claims against EpiPen maker Mylan, arguing the company created and held a monopoly in the epinephrine autoinjector market.
The EpiPen is a branded epinephrine autoinjector that delivers a quick shot to treat anaphylaxis, a life-threatening allergic reaction affecting millions of people.
During the early 2000s, Mylan’s EpiPen had few competitors and dominated the market. According to Sanofi, the lack of competition allowed Mylan to raise prices more than 500% between 2008 and 2016 while offering little innovation to the “swing and jab” device.
In 2013, Sanofi launched Auvi-Q, a more portable autoinjector with a retractable needle and audio instructions, posing the first real challenge to the EpiPen in years. Sanofi claims that rather than offer a better product, Mylan offered extensive discounts to insurers for exclusively covering the EpiPen and excluding competing products.
Sanofi initially sued Mylan in the District of New Jersey in 2017, but the case was transferred to the District of Kansas alongside a consolidated consumer class action. U.S. District Judge Daniel Crabtree, a Barack Obama appointee, granted summary judgment to Mylan in December 2020.
Sanofi appealed to the...
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