Case Number: No. 19-3640

Practice Area: Antitrust

Case Status: Pending

Court: United States District Court for the Eastern District of Pennsylvania

Berger Montague represents a class of direct purchasers alleging an illegal scheme to delay the entry of generic Suboxone. The case is being litigated in the United States District Court for the Eastern District of Pennsylvania and captioned In re Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litigation, No. 2:13-md-02445-MSG (E.D. Pa.).

The plaintiffs allege that Indivior, Inc., f/k/a Reckitt Benckiser Pharmaceuticals, Inc. and Reckitt Benckiser Group, plc (collectively, “defendants”), took several actions to suppress competition from generic versions of Suboxone, including (a) reformulating Suboxone into a film, (b) economically coercing doctors and/or patients to switch prescriptions from Suboxone Tablets to Suboxone Film, a new patent-protected form of co-formulated buprenorphine hydrochloride and naloxone that in fact offers no additional clinical benefits, but rather raises new and additional safety and diversion issues not associated with Tablets, and (c) sabotaging efforts to create a joint REMS program. The plaintiffs allege that as a result of the defendants’ conduct, the plaintiffs and class members have been compelled to pay supracompetitive prices for Suboxone.

The district court has issued several rulings in plaintiffs’ favor. The court denied the defendants’ motion to dismiss plaintiffs’ claims on December 3, 2014. The court certified the Class of direct purchasers of Suboxone tablets on September 27, 2019, and the Third Circuit affirmed the court’s class certification decision on July 28, 2020. The court denied the defendants’ motion for summary judgment and the parties are preparing for trial.

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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