AstraZeneca Settles Pay-for-Delay Antitrust Claims for more than $50 million

Berger Montague, a leading national plaintiffs’ law firm, is co-counsel in an antitrust suit that settled claims against AstraZeneca Pharmaceuticals LP for over $50 million in an alleged anticompetitive scheme to protect the brand of the antipsychotic drug Seroquel XR.
“This is a great result for direct purchasers of brand and generic Seroquel drugs,” said Berger Montague Shareholder Andrew Curley. “In these Pay-for-Delay cases the generic form of the drug is often kept off the market by anticompetitive behavior. We are working hard to keep the cost of these pharmaceuticals down by ensuring that there is fair and timely generic competition,” said Mr. Curley.
Pay-for-Delay agreements are a type of agreement where a patent holder agrees to pay a would-be competitor to delay the generic company’s entry into the market. These agreements are used to settle pharmaceutical patent infringement litigation or threatened litigation. Pay-for-Delay agreements raise concerns about anticompetitive practices, as they can effectively extend the patent holder’s monopoly on the drug by preventing generic competition.
The Berger Montague team also included Executive Shareholder and Antitrust Co-Chair David Sorensen, Shareholder and Antitrust Co-Chair Caitlin Coslett, and Associate Julia McGrath.
Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. The firm is active in the fields of antitrust, commercial litigation, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For more than 50 years, Berger Montague has played lead roles in 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; Malvern, PA; Minneapolis; San Diego; San Francisco; Toronto, Canada; Washington, D.C., and Wilmington, DE.
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