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Mylan to Settle EpiPen Overpricing Case for $465M

nytimes.com

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Re: Mylan to Settle EpiPen Overpricing Case for $465M

#3
post #2

Correction: EpiPen Maker Mylan's Shareholders Will Pay $465M to Settle Medicaid Overcharging Case

In a roundabout sort of way. And if you make that assumption, you would have to agree that the shareholders benefited from monopoly pricing for years prior. Any serious investor in pharma is well aware of the risk of the regulatory hammer.

Re: Mylan to Settle EpiPen Overpricing Case for $465M

#4
So if $1.3B was spent and the rebate was short by 10% then Mylan should have paid $130M more. That indicates somewhere around $365M is essentially punitive.

(Or, if $1.3B was net of the 13% already paid, the gross was $1.49B, the underpayment was $149M and the punitive cost $316M)

Re: Mylan to Settle EpiPen Overpricing Case for $465M

#5
post #3
post #2

Correction: EpiPen Maker Mylan's Shareholders Will Pay $465M to Settle Medicaid Overcharging Case

In a roundabout sort of way. And if you make that assumption, you would have to agree that the shareholders benefited from monopoly pricing for years prior. Any serious investor in pharma is well aware of the risk of the regulatory hammer.

It's not a monopoly. There have been and continue to be other epinephrine auto-injectors from competitors.

Re: Mylan to Settle EpiPen Overpricing Case for $465M

#7
post #2

Correction: EpiPen Maker Mylan's Shareholders Will Pay $465M to Settle Medicaid Overcharging Case

Yes, that's the idea, the owners of the company are responsible for the company.

Of course, because Mylan is a corporation, the majority of shareholders have limited liability, their largest loss due to the actions of the company would be their investment.

Re: Mylan to Settle EpiPen Overpricing Case for $465M

#8
post #3
post #2

Correction: EpiPen Maker Mylan's Shareholders Will Pay $465M to Settle Medicaid Overcharging Case

In a roundabout sort of way. And if you make that assumption, you would have to agree that the shareholders benefited from monopoly pricing for years prior. Any serious investor in pharma is well aware of the risk of the regulatory hammer.

I don't believe the shareholders committed fraud in purchasing shares, they are punished by the actions of criminals outside of their control. Yet is appears the criminals will go free. If you or I committed $100 Million plus in Medicaid fraud, we would most certainly be in prison. Take back the profits from the shareholders, apply civil asset forfeiture proceedings to the executive staffs assets, and put those responsible in prison.

Re: Mylan to Settle EpiPen Overpricing Case for $465M

#9
post #3

Earlier quoted context omitted.

In a roundabout sort of way. And if you make that assumption, you would have to agree that the shareholders benefited from monopoly pricing for years prior. Any serious investor in pharma is well aware of the risk of the regulatory hammer.

It's not a monopoly. There have been and continue to be other epinephrine auto-injectors from competitors.

Have been, but what else is on the market right now in the US? Why is that? Its not for lack of demand.

Re: Mylan to Settle EpiPen Overpricing Case for $465M

#10
post #8
post #3

Earlier quoted context omitted.

In a roundabout sort of way. And if you make that assumption, you would have to agree that the shareholders benefited from monopoly pricing for years prior. Any serious investor in pharma is well aware of the risk of the regulatory hammer.

I don't believe the shareholders committed fraud in purchasing shares, they are punished by the actions of criminals outside of their control. Yet is appears the criminals will go free. If you or I committed $100 Million plus in Medicaid fraud, we would most certainly be in prison. Take back the profits from the shareholders, apply civil asset forfeiture proceedings to the executive staffs assets, and put those respo…

Criminal is a harsh word. It looks like the government just finally balked at Mylan abusing their position. But shareholders had every opportunity to know what the prices were, and what the regulatory climate was. My opinion is that if you invest in pharma, you should know how the market works, or else you might get a haircut. Sure, Mylan aren't on any moral high ground, but the operate the way you would expect a rational firm to act in the regulatory environment lawmakers have set up. Blame your congressperson, your senator.

If the law allows it, don't expect companies not to do it. And if the law doesn't allow it, but the regulators never drop the hammer, don't expect people not to do it. If the regulators do have the funding to do their job, look to the legislature to find the problem. And if you invest in this kind of business know what you're getting involved in.

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