Court: United States District Court Southern District of New York
Case: In Re Actos End Payor Antitrust Litigation Case No.: 13-cv-09244
Leadership Position: Interim Co-Lead Counsel
WBE is serving as Interim Co-Lead Counsel in an antitrust case against Takeda Pharmaceutical Co. Ltd, Mylan Pharmaceuticals Inc., Actavis PLC, Watson Laboratories, Inc., and Ranbaxy Laboratories, Ltd. (and their related companies) on behalf of end-payors who purchased the diabetes drug Actos.
Plaintiffs allege that the Defendants devised an overarching anticompetitive scheme to allocate and unreasonably delay competition in the market for Actos. Takeda is also alleged to have devised strategies to entice would-be generic competitors to join their multi-part scheme and delay the entrance of generic competition, thereby extending the revenue they receive from Actos while forcing consumers and end-payors to pay higher prices for the life-sustaining medicine.
On August 9, 2024, U.S. Magistrate Judge Stewart D. Aaron issued a report recommending certification of classes of direct purchaser plaintiffs and end-payor plaintiffs. The report and recommendation was adopted by U.S. District Judge Ronnie Abrams on September 30, 2024. On Monday, March 31, 2025, U.S. District Court Judge Ronnie Abrams partially granted summary judgment to two classes of Plaintiffs who purchased the diabetes medication Actos directly or through intermediaries. In addition, Judge Abrams denied Defendant Takeda’s motion for summary judgment in full.