Cases & Investigations

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

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