Today, Judge May A. McLaughlin of the Eastern District of Pennsylvania certified a class of indirect purchasers in the In re Wellbutrin XL Antitrust Litigation case. In this case, plaintiffs seek damages for injuries suffered due to anticompetitive conduct by GlaxoSmithKline and Biovail.
Plaintiffs allege that GSK and Biovail conspired to unlawfully delay generic competition for the blockbuster antidepressant, Wellbutrin XL. The certified class includes third party payors and certain consumers which purchased Wellbutrin XL and its generic (once available) from November 14, 2005 to April 29, 2011 in six states: California, Florida, Nevada, New York, Tennessee, and Wisconsin. To read the full class certification opinion, click here.
In a separate but related action, Judge McLaughlin also certified a class of direct purchasers. Kenneth A. Wexler, along with co-counsel Peter St. Philip and Richard W. Cohen from Lowey Dannenberg Cohen & Hart,argued the class certification motion for the indirect purchasers. The Court appointed Wexler and Amber M. Nesbitt co-lead counsel for the indirect purchaser class; they are joined by Cohen and St. Philip, as well as Jim G. Stranch and Joe P. Leniski , Jr. of Branstetter, Stranch, & Jennings. For more information about the Wellbutrin XL case, click here.