In re Niaspan Antitrust Litigation

Berger Montague serves as co-lead counsel in this class action challenging an alleged pay-for-delay arrangement concerning the brand name drug Niaspan (extended-release niacin). The case is pending in the United States District Court for the Eastern District of Pennsylvania and captioned In re Niaspan Antitrust Litigation, No. 2:13-md-02460 (E.D. Pa.).

The plaintiffs allege that in 2005, the maker of brand Niaspan, Kos Pharmaceuticals, Inc., and a generic pharmaceutical company, Barr Pharmaceuticals, Inc., entered a “pay for delay” agreement in violation of the federal antitrust laws. Absent the alleged “pay for delay” agreement, Barr (or later Teva) would have launched generic Niaspan earlier than September 2013, the date on which Teva launched generic Niaspan. The plaintiffs also claim that Kos (or later Abbott or AbbVie) would have launched its own competing authorized generic at that time, and that the earlier launches of Teva’s generic and the authorized generic Niaspan would have driven down prices, and that the direct purchaser class would have paid lower prices as a result.

On September 5, 2014, the district court denied the defendants’ motion to dismiss in part. On August 14, 2019, the court granted class certification to the direct purchaser plaintiffs. The case then proceeded through discovery which is now closed, and the litigation is continuing.

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.