In re Loestrin 24 Fe Antitrust Lawsuit
Berger Montague is co-lead class counsel in a challenge to a pay-for-delay deal for the birth control medication Loestrin 24 Fe.
Berger Montague represents a class of direct purchasers of Warner Chilcott’s oral contraceptive drug Loestrin 24 Fe. Plaintiffs allege that Warner Chilcott and its would-be generic competitors entered into an unlawful “product hop” and a pay-for-delay conspiracy that prevented purchasers from benefiting from earlier, unconstrained, lower priced generic competition.
About the case
On September 4, 2014, the district court granted defendants’ motion to dismiss. Plaintiffs appealed that decision to the United States Court of Appeals for the First Circuit. The Court of Appeals held oral argument in December 2015 at which the Federal Trade Commission also appeared and argued in support of the plaintiffs. Additionally, 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 Court of Appeals vacated the district court’s dismissal and remanded the case for further proceedings. See In re Loestrin 24 Fe Antitrust Litigation, 842 F.3d 34 (1st Cir. 2016). On July 16, 2019, U.S. District Judge William E. Smith granted class certification. A settlement of $120 million received preliminary approval on January 14, 2020.
Lead Attorneys: David F. Sorensen, Daniel Walker, Ellen Noteware, Zachary D. Caplan, and Aurelia Chaudhury