Pershing Square Activist Presentation Deck
Healthcare Regulatory Impact (cont'd.)
10 Largest Settlements and Judgments ('91-July '12)
Company
Year
Violation(s)*
GlaxoSmithKline
Pfizer
Abbott
Eli Lilly
Johnson &
Johnson
Merck
TAP
Pharmaceutical
Products
GlaxoSmithKline
Serono
Total
Penalty
Merck
$3.0 billion
$2.3 billion
$1.5 billion
$1.4 billion
$1.2 billion
$950 million
$875 million
$750 million
$704 million
unlawful promotion; kickbacks;
concealing study findings;
2012 overcharging govt health programs
$650 million
2009 unlawful promotion, kickbacks
2012 unlawful promotion; kickbacks
2009 unlawful promotion
2012 unlawful promotion
2011 unlawful promotion
overcharging govt health programs;
2001 kickbacks
Laws Violated Qui
(if known)*** tamt
Source: Public Citizen, Pharmaceutical Industry Criminal and Civil Penalties: An Update.
FCA; FDCA
FCA, FDCA
FCA; FDCA; Anti-
Kickback Statute
FCA; FDCA
2010 poor manufacturing practices
unlawful promotion; kickbacks;
2005 monopoly practices
overcharging govt health programs;
2008 kickbacks
FCA
FCA; Medicaid
Rebate Statute
► Largest health care fraud settlement in history is $3bn
▸ Many large fines involve unlawful promotion of drugs and safety concerns
Y
FCA; FDCA
Y
FCA; FDCA
FCA; Prescription
Drug Marketing Act Y
Y
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