Case Number: No. 13-md-2472

Practice Area: Antitrust

Case Status: Settled

Settlement Amount: $120 million

Court: United States District Court for the District of Rhode Island

Berger Montague served as co-lead counsel and obtained a $120 million settlement for the class of direct purchasers of brand Loestrin, generic Loestrin, and brand Minastrin. The direct purchaser class alleged that the defendants violated the antitrust laws by unlawfully impairing the introduction of generic versions of the prescription drug Loestrin 24 Fe. The case was litigated in the United States District Court for the District of Rhode Island and captioned In re Loestrin 24 Fe Antitrust Litigation, No. 13-md-2472 (D.R.I.).

Led by Executive Shareholder David F. Sorensen, the plaintiffs alleged that that Warner Chilcott and its would-be generic competitors entered an unlawful pay-for-delay agreement and that Warner Chilcott also engaged in patent fraud and an unlawful “product hop” that prevented purchasers from benefiting from earlier, unconstrained, lower-priced generic competition. The plaintiffs alleged that this alleged anticompetitive conduct hindered generic competition for Warner Chilcott’s prescription birth control medication Loestrin 24 Fe.

On September 4, 2014, the district court granted the defendants’ motion to dismiss, and the plaintiffs appealed that decision to the United States Court of Appeals for the First Circuit. During the appeal, the Federal Trade Commission, nearly 30 states, several public interest groups, and various major retailers filed amicus briefs in support of the plaintiffs.

On February 22, 2016, the First Circuit Court of Appeals vacated the district court’s dismissal and remanded the case for further proceedings. On July 2, 2019, U.S. District Judge William E. Smith granted class certification. Following additional proceedings, the plaintiffs agreed to a $120 million settlement only weeks before the trial was scheduled to start. The district court granted final approval of the settlement on August 27, 2020.

During the final approval hearing, Judge William E. Smith of the United States District Court for the District of Rhode Island stated:

The degree to which you all litigated the case is – you know, I can’t imagine attorneys litigating a case more rigorously than you all did in this case. It seems like every conceivable, legitimate, substantive dispute that could have been fought over was fought over to the max. So you, both sides, I think litigated the case as vigorously as any group of attorneys could. The level of representation of all parties in terms of the sophistication of counsel was, in my view, of the highest levels. I can’t imagine a case in which there was really a higher quality of representation across the board than this one.

Transcript of the August 27, 2020 Hearing in In re Loestrin 24 Fe Antitrust Litigation, No. 13-md-02472 (D.R.I.).

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.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, 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, and Washington, D.C.

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