UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
REPORT OF FOREIGN PRIVATE ISSUER
PURSUANT TO RULE 13a-16 or 15d-16 OF
THE SECURITIES EXCHANGE ACT OF 1934
Report on Form 6-K dated March, 2020
(Commission File No. 1-15024)
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Novartis AG
(Name of Registrant)
Lichtstrasse 35
4056 Basel
Switzerland
(Address of Principal Executive Offices)
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Indicate by check mark whether the registrant files or will file annual reports under
cover of Form 20-F or Form 40-F:
Form 20-F: ☒
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Form 40-F: ☐
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Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted
by Regulation S-T Rule 101(b)(1):
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted
by Regulation S-T Rule 101(b)(7):
Indicate by check mark whether the registrant by furnishing the information contained
in this form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange
Act of 1934.
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Sandoz
Inc.
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Sandoz
US Communications
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100
College Road West
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Princeton, NJ 08540
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USA
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www.us.sandoz.com
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MEDIA RELEASE
Sandoz Resolves Generic Drug
Antitrust Investigation in the U.S.
Princeton, New Jersey, March 2, 2020 – Sandoz Inc.
has reached a resolution with the U.S. Department of Justice (DOJ) Antitrust Division concerning the Department’s more than
three-year-long antitrust investigation into the U.S. generic drug industry. The Sandoz resolution relates to instances of misconduct
at the company between 2013 and 2015 with regard to certain generic drugs sold in the United States. As part of the resolution,
Sandoz has agreed to pay USD 195 million and will enter into a deferred prosecution agreement (DPA).
Sandoz is a global leader in generic pharmaceuticals and biosimilars
with a broad portfolio of high-quality medicines covering all major therapeutic areas. In the U.S., during the period in question,
the company provided patients with over 400 marketed generic medicines.
As recognized by the DOJ, Sandoz cooperated with the government’s
investigation. Individuals implicated in the underlying conduct are no longer employed by the company.
Under the terms of the agreement, Sandoz will continue to take
steps to enhance its compliance program, employee training, and monitoring. Sandoz will also continue to cooperate with the government’s
ongoing investigation into the generic pharmaceutical industry.
Carol Lynch, President of Sandoz Inc., said: “We take
seriously our compliance with antitrust laws, and in reaching today’s resolution, we are not only resolving historical issues
but also underscoring our commitment to continually improving our compliance and training programs and evolving our controls. We
are disappointed that this misconduct occurred in the face of our clear antitrust compliance policies and multiple trainings –
and in full contravention of the company’s values.”
In addition, the company is also in settlement negotiations
with the DOJ Civil Division to resolve potential related claims and is taking a provision of USD 185 million for this purpose.
Disclaimer
This press release contains forward-looking statements within
the meaning of the United States Private Securities Litigation Reform Act of 1995. Forward-looking statements can generally be
identified by words such as “will,” “deferred,” “portfolio,” “continue,” “take
steps,” “to enhance,” “to cooperate,” “ongoing,” “commitment,” “evolving,”
“purpose,” “potential,” “pioneer,” “ambition,” or similar terms, or by express
or implied discussions regarding potential marketing approvals, new indications or labeling for the generic and biosimilar products
described in this press release, or regarding potential future revenues from such products, or regarding the resolution, the DPA,
the ongoing investigation into the generic pharmaceutical industry, and the compliance, monitoring and training activities described
in this press release. You should not place undue reliance on these statements. Such forward-looking statements are based on our
current beliefs and expectations regarding future events, and are subject to significant known and unknown risks and uncertainties.
Should one or more of these risks or uncertainties materialize, or should underlying assumptions prove incorrect, actual results
may vary materially from those set forth in the forward-looking statements. There can be no guarantee that the ongoing and future
enhancements to our compliance, monitoring and training activities will be successful, or achieve any particular outcome, or in
any particular time frame. Neither can there be any guarantee that the investigational or approved products described in this press
release will be submitted or approved for sale or for any additional indications or labeling in any market, or at any particular
time. Nor can there be any guarantee that such products will be commercially successful in the future. In particular, our expectations
regarding the resolution, the DPA, the ongoing and future enhancements to our compliance, monitoring and training activities, and
such products could be affected by, among other things, the possibility that our enhanced compliance, monitoring and training activities
may not successfully prevent or detect all future improper activities; regulatory actions or delays or government action generally;
the uncertainties inherent in research and development, including clinical trial results and additional analysis of existing clinical
data; competition in general, including potential approval of additional generic or biosimilar versions of Sandoz products; global
trends toward health care cost containment, including government, payor and general public pricing and reimbursement pressures
and requirements for increased pricing transparency; our ability to obtain or maintain proprietary intellectual property protection;
the particular prescribing preferences of physicians and patients; general political and economic conditions; safety, quality,
data integrity, or manufacturing issues; potential or actual data security and data privacy breaches, or disruptions of our information
technology systems, and other risks and factors referred to in Novartis AG’s current Form 20-F on file with the US Securities
and Exchange Commission. Novartis is providing the information in this press release as of this date and does not undertake any
obligation to update any forward-looking statements contained in this press release as a result of new information, future events
or otherwise.
About Sandoz
Sandoz, a Novartis division, is a global leader in generic pharmaceuticals
and biosimilars. Our purpose is to pioneer access for patients by developing and commercializing novel, affordable approaches that
address unmet medical need. Our ambition is to be the world’s leading and most valued generics company. Our broad portfolio
of high-quality medicines, covering all major therapeutic areas, accounted for 2019 sales of USD 9.9 billion. Sandoz is headquartered
in Holzkirchen, in Germany's Greater Munich area.
Sandoz is on Twitter. Sign up to follow @Sandoz global at http://twitter.com/Sandoz_Global
# # #
Novartis Media Relations
E-mail: media.relations@novartis.com
Antonio Ligi
Novartis Global Communications
+41 79 7233681 (mobile)
antonio.ligi@novartis.com
Eric Althoff
Novartis US Communications
+1 646 438 4335
eric.althoff@novartis.com
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Chris Lewis
Sandoz Global Communications
+49 174 244 9501 (mobile)
chris.lewis@sandoz.com
Leslie Pott
Sandoz US Communications
+1 201 354 0279 (mobile)
leslie.pott@sandoz.com
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Novartis Investor Relations
Central investor relations line: +41 61 324 7944
E-mail: investor.relations@novartis.com
Central
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North America
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Samir Shah
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+41 61 324 7944
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Sloan Simpson
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+1 862 778 5052
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Pierre-Michel Bringer
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+41 61 324 1065
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Cory Twining
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+1 862 778 3258
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Thomas Hungerbuehler
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+41 61 324 8425
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Isabella Zinck
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+41 61 324 7188
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SIGNATURES
Pursuant to
the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf
by the undersigned, thereunto duly authorized.
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Novartis AG
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Date: March 2, 2020
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By:
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/s/ PAUL
PENEPENT
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Name:
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Paul Penepent
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Title:
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Head Group Financial Reporting and
Accounting
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