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Tricor Antitrust Litigation

CASE NUMBER: No. 05-340
PRACTICE AREAS: Antitrust
CASE STATUS: Settled
SETTLEMENT AMOUNT: $250 million
COURT: United States District Court for the District of Delaware

Berger Montague represented a Class of pharmaceutical wholesalers and pharmacies, charging Abbott Laboratories and Fournier Industrie et Sante, two brand-name pharmaceutical companies, with monopolizing the market for the cholesterol drug Tricor and its generic equivalents.

Plaintiffs claimed that Defendants had violated the antitrust laws through a practice known as “product hopping,” which involves repeatedly coming out with new (and 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. This settlement was granted final approval by the court in early 2009.

Lead Attorneys

Eric L. Cramer Headshot

Eric L. Cramer

Chairman
Daniel Berger

Daniel Berger

Managing Shareholder
Ellen Noteware Headshot

Ellen T. Noteware

Shareholder

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