Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Class action brought by purchasers of lidocaine patches, (Dec 13, 2013)
Organizations Mentioned:Actavis, plc | Endo Pharmaceuticals Inc. | Endo Pharmaceuticals, Inc. | Faruqi & Faruqi, LLP | Rochester Drug Co-Operative, Inc. | Teikoku Pharma USA | Teikoku Seiyaku Co. | Watson Laboratories, Inc. | Watson Pharmaceuticals, Inc.
By Peter Reap, J.D., LL.M.
Rochester Drug Co-Operative, Inc., on behalf of itself and all others similarly situated, has asserted a class action in the federal district court in Philadelphia against Endo Pharmaceuticals Inc., Teikoku Pharma USA, and Teikoku Seiyaku Co. (together with Teikoku Pharma “Teikoku” and collectively with Endo, “Endo/Teikoku”); Watson Pharmaceuticals, Inc., and Actavis, plc, formerly known as Watson Pharmaceuticals, Inc., and Watson Laboratories, Inc. (collectively, “Watson”) seeking overcharge damages arising out of Endo/Teikoku’s unlawful agreement with Watson not to compete in the market for lidocaine patch 5%.
The action is brought on behalf of a class of direct purchasers of lidocaine patch 5%, sold by Endo under the brand name Liboderm. Liboderm is a lidocaine-containing patch for the treatment of pain associated with post-herpetic neuralgia. According to the complaint, Endo and Teikoku entered into an unlawful non-competition agreement with Watson, agreeing to pay Watson substantial sums in return for Watson’s agreement to delay marketing its less expensive generic version of Liboderm.
Claims asserted against the defendants are an agreement in restraint of trade in violation of Section 1 of the Sherman Act and conspiracy to monopolize in violation of Section 2 of the Sherman Act. The suit seeks class damages (i.e., three times overcharges) in an amount to be determined at trial, costs of suit, and reasonable attorney fees.
The complaint in Rochester Drug Co-Operative, Inc. v. Endo Pharmaceuticals Inc., Case No. 2:13-cv-07217-GP, was filed December 11, 2013.
Attorneys: Peter R. Kohn (Faruqi & Faruqi, LLP) for Rochester Drug Co-Operative, Inc.
Companies: Rochester Drug Co-Operative, Inc.; Endo Pharmaceuticals Inc.; Teikoku Pharma USA; Teikoku Seiyaku Co.; Watson Pharmaceuticals, Inc.; Actavis, plc; Watson Pharmaceuticals, Inc.; Watson Laboratories, Inc.
News: Antitrust PennsylvaniaNews