Generic Drugs Direct Purchaser

What are these lawsuits about?

A federal court has certified two classes (the “Clobetasol Class” and the “Clomipramine Class”) in two class action lawsuits brought by Direct Purchasers in In re: Generic Pharmaceuticals Pricing Antitrust Litigation, No. 2:16-MD-02724. DPPs’class action complaints are available by clicking here and here . Judge Cynthia M. Rufe, of the United States District Court for the Eastern District of Pennsylania (the “Court”), is overseeing the Lawsuits.

There are two lawsuits, one concerns Clobetasol, and one concerns Clomipramine. In each, the Direct Purchaser Plaintiffs claim that Defendants engaged in an unlawful scheme or schemes to fix, maintain, and stabilize prices, of generic drugs in violation of federal antitrust laws. DPPs allege that this harmed competition and caused Class Members to overpay for Clobetasol and Clomipramine.
All Defendants, including the settling defendants, deny that any Class Member is entitled to damages or other relief. All Defendants deny liability as alleged in the Lawsuits and deny that any Class member is entitled to damages or other relief.

There has been no determination by the Court or a jury that the allegations against the Defendants have been proven or that, if proven, the conduct caused harm to any Class Members. No trial has been held. Defendants have filed motions for summary judgment, that, if granted, may resolve one or both Lawsuits in their favor.

Neither the Court nor a jury has decided whether DPPs have sufficiently proved that any defendant violated any laws. The notice is not an expression of any opinion by the Court as to the merits of Direct Purchaser Plaintiffs’ claims against any Defendant or the defenses asserted by any Defendant.

Who is included?

You are part of the Clobetasol Class if you are a person or entity in the United States and its territories that purchased Clobetasol from one or more Current or Former Defendants (Actavis Holdco U.S.A. Inc.; Akorn, Inc.; Fougera Pharmaceuticals Inc.; Hi-Tech Pharmacal Co. Inc.; Sandoz, Inc; Morton Grove Pharmaceuticals, Inc.; Taro Pharmaceuticals U.S.A. Inc.; and Wockhardt USA LLC) at any time from June 3, 2014 through December 31, 2018.

You are part of the Clomipramine Class if you are a person or entity in the United States and its territories that purchased Clomipramine from one or more Current or Former Defendants (Mylan Inc.; Mylan Pharmaceuticals, Inc.; Sandoz, Inc.; and Taro Pharmaceuticals U.S.A., Inc.) at any time from and/or May 1, 2013 through December 31, 2018.

You may be a member of the Clobetasol Class, the Clomipramine Class, both classes, or neither class. A list of National Drug Codes (“NDCs”) for Clobetasol and Clomipramine are available by clicking here .