In re Generic Digoxin and Doxycycline Antitrust Litigation

Updated: November 29, 2016
Status: Ongoing Case

As members of the Plaintiffs' Steering Committee, we lead the prosecution of this antitrust class action, alleging that major pharmaceutical companies conspired to fix the prices of two commonly prescribed drugs.

Labaton Sucharow has filed a class action complaint alleging that Allergan plc, Impax Laboratories, Inc., The Lannett Company, Inc., Mylan, Inc., Par Pharmaceuticals Inc., Sun Pharmaceutical Industries, Inc., and West-Ward Pharmaceutical Corp. entered into a conspiracy to fix the prices of digoxin and doxycycline, as well as allocate markets and customers. Other similar complaints have also been filed.

This case alleges a per se unlawful scheme among generic drug companies to fix prices and allocate customers and markets for the drugs doxycycline and digoxin, commonly prescribed medications. Doxycycline is a broad-spectrum tetracycline antibiotic used to treat a variety of bacterial infections. Digoxin is used in the treatment of heart arrhythmia and other cardiac ailments. Generic versions of these drugs have been available for decades and their prices were often pennies per tablet/capsule.

Over the past few years, however, the prices for these drugs have skyrocketed. Digoxin tablets have increased over 800 percent. For doxycycline, the price hikes have been even more extreme—increasing over 6,000 percent for certain versions of the drug. These price increases mirror a general trend of large-scale price increases observed across many generic drugs.

On August 5, 2016, the Judicial Panel on Multidistrict Litigation consolidated and transferred the 19 cases before the Eastern District of Pennsylvania. On November 28, 2016, the court appointed Labaton Sucharow and its Antitrust and Competition Litigation co-chair Gregory Asciolla to the Plaintiffs’ Steering Committee.