Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Actavis urges release of depositions, discovery held by NY Attorney General, (Sep 25, 2014)

By Greg Hammond, J.D.

Actavis, PLC has sent a letter to the federal district court in New York City, urging that it order the New York Attorney General’s office to produce various deposition transcripts and third party discovery to the pharmaceutical manufacturer. The letter comes after New York Attorney General (AG) Eric T. Schneiderman filed an antitrust lawsuit against Actavis and its subsidiary, Forest Laboratories, LLC, earlier this month (The People of the State of New York v. Actavis, PLC, Case No. 14 cv 7473, September 15, 2014).

According to the AG’s office, Actavis is “gaming the regulatory system that governs pharmaceuticals,” and is violating antitrust laws that were created to encourage competition and keep drug prices down for consumers, by unnecessarily forcing Alzheimer’s patients to switch from the prescription drug Namenda to Namenda XR. The AG asserts that Actavis is avoiding generic prescription drug competition in the Alzheimer’s drug market by taking Namenda off the market, because the drug’s patent is set to expire shortly. Requiring patients to switch to Namenda XR would purportedly insulate the manufacturer’s profits from competition, the AG alleged.

In its September 23 letter to the court, Actavis requested that the AG’s office be required to immediately disclose: (1) transcripts of three depositions taken of Forest employees and former employees used in the complaint, and (2) third party materials produced to the AG’s office in the course of its investigation.

“The transcripts of Defendants’ own testimony should not be held hostage—particularly now that litigation is underway—to be provided only in exchange for additional discovery from Defendants,” Actavis’ counsel argues. “Defendants are entitled to the transcripts now, and Defendants ask this Court to order their immediate production.”

Actavis also argued that “in the interest of fairness, and given the compressed time frame of the preliminary injunction motion, the Bureau should be ordered to produce all third party discovery in its possession, custody or control upon filing of its opening brief.”

Attorneys: J. Mark Gidley (White & Case LLP) for Actavis, PLC and Forest Laboratories, LLC. Eric J. Stock, Elinor R. Hoffman, Saami Zain, Zachary W. Biesanz, Joseph Antel, and Karla G. Sanchez, New York Attorney General’s office.

Companies: Actavis, PLC; Forest Laboratories, LLC

News: Antitrust NewYorkNews