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Last Updated
Case Status
Pending
Â鶹´«Ã½ Trade Commission and State of New York, Plaintiffs v. Vyera Pharmaceuticals, LLC, a Delaware limited liability corporation; Phoenixus AG, a Swiss for-profit corporation; Martin Shkreli, individually, as an owner and former director of Phoenixus AG, and as a former executive of Vyera Pharmaceuticals, LLC; and Kevin Mulleady, individually, as an owner and director of Phoenixus AG, and as a former executive of Vyera Pharmaceuticals, LLC; Defendants.
FTC Matter/File Number
161 0001
Civil Action Number
20-cv-00706
Â鶹´«Ã½ Court
Southern District of New York

Case Summary

The Â鶹´«Ã½ Trade Commission and a group of seven state enforcers filed a complaint in federal district court against Vyera Pharmaceuticals, LLC, alleging an elaborate anticompetitive scheme to preserve a monopoly for the life-saving drug, Daraprim. The Commission vote to issue the complaint was 5-0. The complaint was filed on Jan. 27, 2020, in the U.S. District Court for the Southern District of New York. In a Jan. 14, 2022 ruling, U.S. District Court Judge Denise Cote found Shkreli’s conduct “egregious, deliberate, repetitive, long-running, and ultimately dangerous.†Judge Cote banned Shkreli for life from the pharmaceutical industry.

On January 23, 2024, the U.S. Court of Appeals for the Second Circuit affirmed the U.S. District Court for the Southern District of New York’s ruling.

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