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After months of speculation, Mylan Pharmaceuticals has acknowledged receiving what it called an “information request” from the Federal Trade Commission as part of a “preliminary investigation,” according to a statement from a company spokeswoman. The request was received “months ago,” she added, but declined to specify when that occurred.

The probe is apparently focusing on whether the company attempted to thwart generic competition to its EpiPen allergic-reaction device, which has been the focus of controversy over the past several months after continual price hikes caused growing outrage from consumers and, subsequently, some lawmakers. The probe was first reported by Bloomberg News.


The agency is reportedly examining at least two ways in which Mylan may have violated antitrust laws. One is whether the company tweaked the EpiPen design and then used patent filings to preclude generic rivals. The other possibility that the FTC is exploring is whether Mylan struck illegal agreements with other companies to delay competitive products from coming to the market.

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