Updated: August 7, 2018
Status: Ongoing Case
The class action, filed in the U.S. District Court for the Southern District of New York, alleges that Novartis and Par entered into an unlawful pay-for-delay agreement that restrained competition for Novartis’ high blood pressure drug Exforge. Under the terms of the agreement, Par agreed to delay entry into the market for Exforge until September 30, 2014, despite having approval to launch a generic drug as early as September 21, 2012. In exchange, Novartis agreed not to compete in the generic Exforge market from September 30, 2014 to March 30, 2015 by not launching an authorized generic. The result of this agreement was to drive the price of Exforge, and later its generic equivalent, to an artificially high, anticompetitive level. Labaton Sucharow was appointed lead plaintiff in August 2018.
After an extensive investigation into the alleged unlawful conduct, including an in-depth analysis of the relevant patent prosecution histories, Labaton Sucharow filed its complaint on June 19, 2018.
The case is In re Novartis and Par Antitrust Litigation, No. 18-cv-04361 (S.D.N.Y.). Labaton Sucharow represents lead plaintiff for the End-Payor purchaser class, UFCW Local 1500 Welfare Fund.