Case Number: No. 05-340

Practice Area: Antitrust

Case Status: Settled

Settlement Amount: $250 million

Court: United States District Court for the District of Delaware

Berger Montague served as class counsel and obtained a $250 million settlement on behalf of a class of direct purchasers of the cholesterol drug Tricor in this antitrust litigation. The plaintiffs charged Abbott Laboratories and Fournier Industrie et Sante, two brand-name pharmaceutical companies, with monopolizing the market for Tricor and its generic equivalents, and paying its competitors to refrain from introducing less expensive generic versions of the drug. The case was litigated in the United States District Court for the District of Delaware and captioned In re Tricor Direct Purchaser Antitrust Litigation, No. 05-340 (D. Del.).

Led by Eric L. Cramer and Ellen T. Noteware of Berger Montague, the plaintiffs claimed that the defendants violated the U.S. antitrust laws through a practice known as “product hopping,” which involves repeatedly coming out with new, unimproved versions of a brand name drug while pulling the old version off the market as a means to defeat generic competition. After more than three years of litigation and the commencement of trial, the direct purchaser class settled with both defendants for $250 million. The settlement was granted final approval by the court in early 2009.

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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