Case Number: No. 2:18-md-02836

Practice Area: Antitrust

Case Status: Pending

Court: U.S. District Court for the Eastern District of Virginia

Berger Montague’s team, led by David F. Sorensen, represents a class of direct purchasers of the drug Zetia (ezetimibe).

Plaintiffs allege that Merck & Co. Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., MSP Singapore Co. LLC (collectively, “Merck”), Glenmark Pharmaceuticals LTD, and Glenmark Generics Inc. (together, “Glenmark”) entered into a reverse payment agreement that delayed generic competition to Merck’s brand cholesterol drug Zetia. The complaint alleges that this anti-competitive agreement caused plaintiffs to pay hundreds of millions in overcharges.

About the case

On February 6, 2019, U.S. Magistrate Judge Douglas E. Miller rejected Defendants’ motion to dismiss. On June 18, 2020, Judge Miller issued a report and recommendation recommending certification of the class of direct purchasers. On August 21, 2020, U.S. District Judge Rebecca Beach Smith fully adopted Judge Miller’s recommendation and granted class certification. Mr. Sorensen argued class certification. The class certification decision is now pending before the Fourth Circuit, which accepted Defendants’ Rule 23(f) petition for review.

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