What is the Generic Pharmaceutical Drug Antitrust case about?
Pogust Goodhead represents a class of end-payer purchasers of generic pharmaceutical drugs in an antitrust class action pending in the United States District Court for the Eastern District of Pennsylvania.
The Generic Pharmaceutical Drug Antitrust case alleges that the defendants participated in an illegal price-fixing cartel that covered more than 200 generic drugs.
Specifically, the defendants violated antitrust laws by agreeing to fix, raise, and stabilize drug prices and rig bids to minimize competition.
The conduct by the generic drug companies was widespread and forced our clients to pay significantly higher prices than they would have paid in a competitive market.
We are seeking to recover damages suffered by our clients as a result of this illegal price-fixing cartel.
The extreme and unprecedented price increases that are the subject of this litigation have also been investigated by the United States Department of Justice, State Attorney Generals and the United States Congress. Recently, two defendants – Teva Pharmaceuticals and Glenmark Pharmaceuticals – paid over $250 million to resolve criminal antitrust charges covering the same conduct. The criminal payment by Teva is the largest ever fine in a United States domestic price-fixing cartel.
What is the status of the antitrust class action?
Between 2016 and 2020, various groups of plaintiffs collectively filed approximately 80 complaints. Over the last few years, attorneys at Pogust Goodhead have been deeply involved in depositions and the review of millions of documents surrounding the Generic Pharmaceutical Drug Antitrust case.
The Court has selected two “Bellwether” cases to be the first to proceed to trial. Fact discovery related to these cases is set to be completed in October.
The Plaintiffs’ motion for class certification and expert reports are scheduled to be filed in November.
Briefing on class certification is scheduled to be completed in the Spring of 2024.
