Updated: August 8, 2018
Status: Ongoing Case
Labaton Sucharow continues to lead the charge in filing and litigation of a series of price-fixing cases against some of the largest pharmaceutical companies in the world. The alleged misconduct—unlawfully raising prices of dozens of key generic drugs sold in the United States—has resulted in third-party payors, health and welfare funds, and consumers overpaying for prescription generic drugs.
At the same time, a federal criminal investigation, led by the Antitrust Division of the United States Department of Justice (DOJ), and a 45-state investigation, led by the Attorney General of Connecticut, are underway. There is a congressional investigation into this same conduct being led by Senator Bernie Sanders and Representative Elijah Cummings.
In addition to actively monitoring the state and federal investigations, for the past two years, Labaton Sucharow has been conducting its own independent investigation into price-fixing in the generic pharmaceuticals industry. As a result of our investigation, we have been at the forefront in bringing cases on behalf of our clients; we were the first firm to bring claims alleging conspiracies involving albuterol sulfate, benazepril, divalproex, and glyburide, and the second to file cases involving digoxin, doxycycline, and pravastatin.
End payer plaintiffs have filed 18 consolidated amended complaints. More recently, plaintiffs filed another complaint, alleging price-fixing and bid-rigging in connection with the sale of 13 additional generic drugs. Defendants have filed motions to dismiss against some of the consolidated complaints.
The cases have been consolidated before Judge Cynthia Rufe in the Eastern District of Pennsylvania under the caption In re Generic Pharmaceuticals Pricing Antitrust Litigation, MDL No. 2724 (E.D. PA). On November 28, 2016, the court appointed Labaton Sucharow and its Antitrust and Competition Litigation Co-Chair Gregory Asciolla to the Plaintiffs’ Steering Committee, which has responsibility for litigating the case.