Actos Generic Suppression Antitrust Litigation

Court: United States District Court Southern District of New York

Case: In Re Actos End Payor Antitrust Litigation Case No.: 15-3364-cv

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.

After two appeals to the United States Appellate Court for the Second Circuit on threshold issues, the end-payor plaintiffs are proceeding through discovery.

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