Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Adderall Indirect Purchasers File Class Action Complaint in Florida, (Apr 4, 2013)

By William Zale, J.D.

Indirect purchasers of the attention deficit disorder medication Adderall XR (AXR) have brought a class action complaint asserting that Shire, LLC and Shire U.S., the drug’s manufacturer and marketer have violated Florida’s Deceptive and Unfair Trade Practices (FDUTPA) Act through anti-competitive behavior in violation of the Sherman Act, the Florida Antitrust Act, and Florida’s consumer protection laws. The complaint in Barba v. Shire U.S., Inc. was filed in the federal district court for the Southern District of Florida on April 1, 2013.

Though other companies were able to bring an authorized generic to the market in 2009, the defendants engaged in a number of schemes meant to delay the entry of generic competition and then to restrict the supply of generic competition, according to the complaint. The defendants allegedly filed sham patent litigation, constructed anticompetitive reverse payment agreements with generic competitors, and even then proceeded to breach agreements to supply said competitors with materials to manufacture generic AXR, cutting off supply of cheaper-priced generic AXR to consumers.

The named plaintiffs seek to represent a class of all persons residing in the State of Florida who purchased brand name AXR for personal use and not for resale.

The plaintiffs assert FDUTPA counts premised on, respectively, Section 1 of the Sherman Act, Section 2 of the Sherman Act, and the Florida Antitrust Act. The plaintiffs assert FDUTPA counts for unfair and deceptive practices, not premised on the Sherman Act or the Florida Antitrust Act. The plaintiffs seek damages, equitable relief including restitution and disgorgement, and award of attorney fees.

The case is No. 1:13-cv-21158-JAL.

Attorneys: Brian Ku (Ku & Mussman, PA) for Monica Barba.

Companies: Shire, LLC and Shire U.S.

News: Antitrust StateUnfairTradePractices