Zetia Antitrust Litigation
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 anticompetitive 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.