Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Consumer alleges generic heart medicine, antibiotic price fixing conspiracy, (Apr 28, 2016)
Law Firms Mentioned:Barrack, Rodos & Bacine | Hadsell Stormer & Renick, LLP | Steyer Lowenthal Boodrookas Alvarez & Smith LLP
Organizations Mentioned:Allergan plc | Barrack Rodos & Bacine | Bonsignore Trial Lawyers, PLLC | Impax Laboratories, Inc. | Lannett Co., Inc. | Lannett Company, Inc. | Mylan Pharmaceuticals, Inc. | Par Pharmaceutical Companies, Inc. | Saveri & Saveri, Inc. | Steyer Lowenthal Boodrookas Alvarez & Smith, LLP | West-Ward Pharmaceuticals Corp.
By Greg Hammond, J.D.
A group of generic pharmaceutical companies have conspired to fix the prices of generic digoxin and doxycycline products, according to a class action complaint filed by a consumer in the federal district court in Philadelphia (Carpinelli v. Lannett Company, Inc., April 25, 2016).
Digoxin is used to treat mild to moderate heart failure in adults, and Doxycycline monohydrate and doxycycline hyclate are antibiotics used in treating humans and animals. The complaint asserts that Lannett Company, Inc., Impax Laboratories, Inc., West-Ward Pharmaceuticals Corp., Allergan plc, Mylan Pharmaceuticals, Inc., and Par Pharmaceutical Companies, Inc. conspired to fix and raise prices at which generic digoxin and/or generic doxycycline would be sold. As a result, the consumer plaintiff and other members of the proposed classes allegedly paid artificially inflated prices that exceeded the amount they would have paid if a competitive market had determined prices for the two generic drugs.
The plaintiff claims that the generic pharmaceutical companies violated the Sherman Act, as well as various state antitrust and consumer protection laws. The consumer also seeks to represent two classes: (1) a national injunctive class of persons or entities in the United States and its territories who purchased, paid, and/or provided reimbursement for some or all of the purchase price of generic digoxin or doxycycline products manufactured by Defendants during the period from October 1, 2012, to the present; and (2) a damage class of persons or entities who purchased, paid, and/or provided reimbursement for some or all of the purchase price of generic digoxin or doxycycline products manufactured by Defendants during the period from October 1, 2012, to the present in the 30 states identified in the complaint and the District of Columbia.
The complaint seeks treble damages, restitution and/or disgorgement of profits, permanent injunction, pre- and post-judgment interest, costs of suit, and attorney fees.
The Case is No. 2:16-cv-01954-CMR.
Attorneys: Gerald J. Rodos (Barrack, Rodos & Bacine), R. Alexander Saveri (Saveri & Saveri, Inc.), Randy Renick (Hadsell Stormer & Renick, LLP), Robert J. Bonsignore (Bonsignore Trial Lawyers, PLLC), and Allan Steyer (Steyer Lowenthal Boodrookas Alvarez & Smith LLP) for plaintiffs.
Companies: Lannett Company, Inc.; Impax Laboratories, Inc.; West-Ward Pharmaceuticals Corp.; Allergan plc; Mylan Pharmaceuticals, Inc.; Par Pharmaceutical Companies, Inc.
News: Antitrust PennsylvaniaNews