In a recently unsealed opinion, a court in the District of New Jersey has declined to certify a direct-purchaser class in In re Lamictal ("Lamictal") on numerosity grounds. It joins the growing number of courts in recent...more
Yesterday we discussed 2019’s most significant developments in challenges to reverse-payment settlements. Today we continue our analysis of recent trends in pharmaceutical antitrust actions with a discussion of cases...more
European competition authorities announced this week an investigation into Aspen Pharmacare’s recent price hikes of five cancer drugs. The European Commission said in a press release that it had “information indicating that...more
5/22/2017
/ Antitrust Provisions ,
Antitrust Violations ,
Competition Authorities ,
Department of Justice (DOJ) ,
Drug Pricing ,
EU ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Mylan Pharmaceuticals ,
Pharmaceutical Industry ,
Popular ,
South Africa
Last Wednesday, the Second Circuit Court of Appeals partially vacated the judgment of the district court in In re Actos End-Payor Antitrust Litigation. In doing so, the Second Circuit allowed only plaintiffs’ claims that...more
2/15/2017
/ Abbreviated New Drug Application (ANDA) ,
Anti-Competitive ,
Antitrust Litigation ,
Causation ,
Corporate Counsel ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Hatch-Waxman ,
Method Claims ,
Motion to Dismiss ,
Patents ,
Pharmaceutical Industry ,
Product Exclusivity
It has been over three years since the Supreme Court’s Actavis decision. Since then, numerous putative class actions alleging harm to competition as a result of “reverse-payment” settlements have flooded the courts. The...more
11/10/2016
/ Abbreviated New Drug Application (ANDA) ,
Actavis Inc. ,
Anti-Competitive ,
Antitrust Violations ,
Appeals ,
AstraZeneca ,
Class Action ,
Exclusivity ,
Generic Drugs ,
Hatch-Waxman ,
Nexium ,
Patents ,
Reverse Payment Settlement Agreements ,
Summary Judgment ,
Teva Pharmaceuticals
On August 8, the District of Connecticut issued a noteworthy ruling on how to approach defining the relevant market definition in a pay-for-delay suit. In In re Aggrenox Antitrust Litigation, 3:14-md-02516 (D. Conn.), three...more
8/25/2016
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Federal Trade Commission (FTC) ,
FTC v Actavis ,
Generic Drugs ,
Patents ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Prescription Drugs ,
Reverse Payments ,
Rule-of-Reason Analysis
As we have previously reported, generic drug manufacturers have come under scrutiny from state and federal regulators for recent generic drug price hikes. These investigations have expanded to include Turing Pharmaceuticals...more
Drug company Turing Pharmaceuticals made headlines recently when it reportedly raised the price of Daraprim, used commonly by AIDS patients to fight life-threatening infections, from $13.50 to $750 per tablet. Amidst...more
10/19/2015
/ Anti-Competitive ,
Attorney General ,
Duty to Deal ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Monopolization ,
Mylan Pharmaceuticals ,
Patent Litigation ,
Pharmaceutical Distribution ,
Pharmaceutical Industry ,
Popular ,
Retailers ,
Reverse Payment Settlement Agreements ,
SCOTUS ,
Wholesale