Eric Schneiderman for Attorney General

AG Eric Schneiderman investigating EpiPen manufacturer’s noncompete contracts with schools

September 7, 2016

As published by the NY Daily News on September 6, 2016.

State Attorney General Eric Schneiderman is probing whether EpiPen manufacturer Mylan Pharmaceuticals stuck it to schools with noncompetitive sales contracts.

Schneiderman has launched an investigation into whether Mylan violated anti-trust laws by requiring schools to enter into non-compete contracts that effectively barred them from purchasing another company’s product.

“No child’s life should be put at risk because a parent, school, or health care provider cannot afford a simple, life-saving device because of a drug-maker’s anti-competitive practices,” Schneiderman said Tuesday.

“If Mylan engaged in anti-competitive business practices, or violated antitrust laws with the intent and effect of limiting lower cost competition, we will hold them accountable,” Schneiderman continued.

Mylan spokeswoman Nina Devlin said the company adheres “to all applicable laws and regulations” in dealing with schools.

The company has provided more than 700,000 free injectors to more than 65,000 schools through its EpiPen4Schools program, she said.

“Previously, schools who wished to purchase EpiPen Auto-Injectors beyond those they were eligible to receive free under the program could elect to do so at a certain discount level with a limited purchase restriction, but such restriction no longer remains,” Devlin said.