Amicus Brief: Sanofi-Aventis U.S. LLC v Mylan, Inc.
Although Mylan held a monopoly over EpiPens, they successfully argued that their actions to exclude competition from the market did not lead to anticompetitive harm. As such, COSAL wrote this brief to support Sanofi-Aventis in their efforts to reverse the approval of summary judgement in Sanofi-Aventis U.S. v. Mylan. For one, the summary judgement decision focused on the Pharmacy Benefit Managers (PBMs), rather than highlighting the patients. PBMs’ interests often conflict with that of consumers; as such, the ruling did not consider the harm inflicted on those who actually use the drug. Also, the decision did not address that Mylan intended to and succeeded in excluding Sanofi-Aventis from the market. Faced with a competitor, prices should have decreased, but such was not the case. Additionally, even though many consumers preferred the new product, they still bought Mylan’s EpiPen because they believed they could not access Sanofi-Aventis’ device as easily. This amicus brief said that because Mylan prevented market entry and hindered competition, the Appellant should have gotten past the summary judgment motion. The authors of this brief are Swathi Bojedla, Gary Smith, Jr., Archana Tamoshunas, and Deborah Elman.
