In re: Generic Pharmaceuticals Pricing Antitrust Litigation

Berger Montague has obtained over $330 million in settlements for Direct Purchaser plaintiffs from six defendants to date. The firm serves on the Plaintiffs’ Steering Committee for a proposed class of generic drug purchasers in price-fixing and market allocation litigation brought against many of the generic drug manufacturers operating in the United States. The multi-district litigation (MDL) is pending before the Honorable Cynthia M. Rufe in the United States District Court for the Eastern District of Pennsylvania and captioned In re: Generic Pharmaceuticals Pricing Antitrust Litigation, No. 2:16-md-02724 (E.D. Pa.).

This large MDL litigation contains various, similar complaints filed by the plaintiffs which allege that generic pharmaceutical manufacturers engaged in an unlawful scheme or schemes to fix, maintain, and stabilize prices, rig bids, and engage in market and customer allocations concerning many generic drugs. The Berger Montague attorneys responsible for this matter, including David F. Sorensen, Candice J. Enders, and Caitlin G. Coslett, are litigating the case along with other plaintiffs’ counsel as well as nearly every U.S. State. The Plaintiff States similarly allege a broad scheme among generic drug manufacturers targeting many drugs. The United States Department of Justice, which has a parallel investigation ongoing, has also intervened in the MDL.

On October 16, 2018, the district court entered a lengthy Opinion substantially denying the manufacturers’ motions to dismiss private plaintiffs’ antitrust claims. The Opinion is available here. Discovery is now underway.

If you or your company has been harmed by anticompetitive conduct or any conduct that you believe violates the antitrust laws, please contact Berger Montague.

Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. The firm is active in the fields of antitrust, commercial litigation, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For more than 50 years, Berger Montague has played lead roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, Washington, D.C., and Wilmington, DE.