It May Be Fall But the Generic Pricing MDL Springs Forward

On October 16, 2018, the United States District Court for the Eastern District of Pennsylvania (Rufe, J.) entered an opinion and order denying over 30 separate motions to dismiss filed by 15 generic manufacturers named as defendants in the Generic Pharmaceuticals Pricing Antitrust multidistrict litigation.  The Generic Pricing MDL alleges a conspiracy among numerous generic manufacturers to fix, maintain and stabilize prices, rig bids, and engage in market and customer allocations across a wide-range of over 30 generic pharmaceutical products, including clobetasol, digoxin, divalproex, doxycycline, econazole, and pravastatin.  The decision, entered Tuesday, concerns only the first of at least three different groupings of hundreds of complaints, but will undoubtedly shape the future course of the entire litigation.  Defendants in this first group include Akorn, Inc., Apotex Corp., Dr. Reddy’s Laboratories, Inc., Glenmark Pharmaceuticals, Inc., Impax Laboratories, Inc., Lannett Company, Inc., Lupin Pharmaceuticals, Inc., Mayne Pharma USA, Inc., Mylan, Inc., Par Pharmaceutical, Inc., Perrigo New York, Inc., Sandoz Inc., Sun Pharmaceutical Industries, Inc., Taro Pharmaceuticals USA, Inc., Teva Pharmaceuticals USA, Inc., West-Ward Pharmaceuticals Corp., Wockhardt USA, and Zydus Pharmaceuticals (USA) Inc.  The court has set a general status conference for November 20 to be held in the James A. Byrne Courthouse.

Plaintiffs in the MDL include proposed direct purchaser, end-payor, and indirect reseller classes, direct action retailer plaintiffs led by The Kroger Co., and 48 of the 50 States attorneys general.  The Department of Justice has also intervened, and, in connection with its parallel investigation, has so far obtained guilty pleas from former CEO Jeffrey A. Glazer and former President Jason T. Malek of MDL defendant Heritage Pharmaceuticals Inc.

Faruqi and Faruqi, LLP is one of several firms representing the direct purchaser class plaintiffs.

About Faruqi & Faruqi, LLP

Faruqi & Faruqi focuses on complex civil litigation, including securities, shareholder derivative actions, merger litigation, antitrust, employment law, wage and hour, and consumer class actions.  The firm is headquartered in New York, and maintains offices in Delaware, Pennsylvania, California, and Georgia.

Since its founding in 1995, Faruqi & Faruqi has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, consumers and employees.

To contact the author of this blog or the offices of Faruqi & Faruqi, please call us at (877) 476-7797.

About Bradley J. Demuth

Brad Demuth is a partner in the firm’s antitrust practice group, resident in the firm’s New York office, and among the principal direct purchaser class plaintiffs’ counsel actively involved in the Generic Pharmaceuticals Pricing Antitrust MDL.

Posted by Bradley J. Demuth

Partner at Faruqi & Faruqi, LLP
New York Office
Tel: (212) 983-9330
Fax: (212) 983-9331

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