Mylan's President Targeted in Generic Drug Pricing Probe

Mylan NV’s second-ranking executive was named in a civil investigation by dozens of states conducting a multiyear probe into alleged price collusion by makers of generic drugs that is now targeting senior managers.

State attorneys general said they’re seeking to sue Rajiv Malik, Mylan’s president and executive director, as part of an expanded complaint against pharmaceutical companies from 45 states and the District of Columbia, according to a statement by Connecticut Attorney General George Jepsen.

Malik would be the first senior executive from a major drugmaker sued in the case. The states’ complaint, which is highly redacted, quotes extensively from conversations between employees at multiple companies describing how they manipulated prices and carved up markets. Mylan said it stands behind its president and will “defend this case vigorously.”

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The drugmaker’s shares fell as much as 9.2% in New York, the biggest intraday drop since February 2016.

“Given direct involvement of executives in this case and the evidence we had implicating them, we felt as a group of antitrust enforcers that it was important to hold these individuals accountable,” Connecticut Assistant Attorney General Joseph Nielsen said on a conference call with reporters. Other executives are under investigation and the conduct was “very widespread across the industry,” he said.

Connecticut and other states are asking a federal judge to allow them to add to their existing complaint against six drugmakers. They’re also seeking to add Satish Mehta, chief executive officer of closely held Indian drugmaker Emcure Pharmaceuticals Ltd., to the lawsuit.

“Mylan has deep faith in the integrity of its President, Rajiv Malik, and stands behind him fully,” the company said in a statement. Representatives for Emcure didn’t immediately respond to requests for comment.

“Mr. Malik emphatically and categorically denies the allegations in the complaint,” Malik’s lawyer, Robert Cleary, said in a phone interview. “He looks forward to representing his defense and is confident he will be completely vindicated.” Cleary specializes in white collar criminal defense at Proskauer Rose LLP, according to the firm’s website.

Drugmaker’s Troubles

The news couldn’t come at a worse time for Mylan. The drugmaker and other generics manufacturers have faced increasing price pressure on their products as the Food and Drug Administration has tried to push more competing pills on the market. The company has faced criticism in Washington over the price of its allergy shot EpiPen, and in August cut its long-held 2018 earnings-per-share target.