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CHICAGO – Attorney General Kwame Raoul today announced an $8.25 million settlement with Mylan Inc. (Mylan), the company that sells the EpiPen, resolving concerns about the company’s anticompetitive conduct related to EpiPen products. Mylan’s alleged anticompetitive scheme resulted in the state of Illinois paying excess amounts for EpiPens purchased through its Medicaid and employee health benefits programs.
Most of the money recovered will be split by the Illinois Department of Healthcare and Family Services (HFS) for its Medicaid purchases and the Illinois Department of Central Management Services for its purchases for employee health benefits programs.
“I am proud of my office’s work to hold pharmaceutical companies accountable for engaging in business practices that result in Illinoisians paying more money for the prescription medication they need,” Raoul said. “I am committed to stopping unlawful and unfair tactics that fuel health care inequity in Illinois and around the country.”
“Affordable access to medication can be lifesaving and is critical for both Medicaid recipients and the hardworking employees of our state,” said HFS Director Elizabeth M. Whitehorn. “HFS would like to thank Attorney General Raoul and his staff for their work on this matter, and for helping us continue to promote equitable healthcare for all state residents through the management of medication costs.”
In 2023, Raoul’s office investigated allegations that Mylan monopolized the epinephrine auto-injector market through a variety of anticompetitive tactics, including increasing prices, delaying generic versions of EpiPen, forcing consumers to unnecessarily buy EpiPens in two-packs instead of a single pen, creating misleading advertisements concerning competing products, and contracting with third-party pharmacy benefit managers to block competitors to EpiPen.
In addition to paying the state $8.25 million, Mylan has agreed to increase its copay coupon for the authorized generic version of EpiPen from $25 to $40, which will lower out-of-pocket costs for consumers.
This settlement is the latest action in Attorney General Raoul’s ongoing efforts to end unlawful tactics by pharmaceutical companies that lead to consumers paying more money out of pocket for prescription medication. In February, Raoul joined a bipartisan coalition announcing two settlements totaling $17.85 million with Lannett Company Inc. and Bausch Health US LLC and Bausch Health Americas Inc., which resolved allegations that the companies engaged in widespread, long-running conspiracies to artificially inflate and manipulate prices, reduce competition and unreasonably restrain trade regarding numerous generic prescription drugs.
In 2024, Raoul and a bipartisan coalition also announced a $39.1 million settlement with generic drug manufacturer Apotex, as well as a $10 million settlement with Heritage Pharmaceuticals, , resolving allegations that the 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.
Deputy Bureau Chief Jennifer Coronel handled the case for Raoul’s Antitrust Bureau.
