Flonase: $150 million recovered in pharmaceutical monopoly case

Represented direct purchasers in an antitrust action challenging GlaxoSmithKline’s efforts to unlawfully extend its monopoly on Flonase, the company’s blockbuster allergy medication.

The lawsuit alleged that GlaxoSmithKline violated federal antitrust laws by filing a series of sham citizen petitions with the Food and Drug Administration. After several years of litigation, including depositions, expert reports and rebuttals, two rounds of Daubert hearings, and the submission of motions in limine, pre-trial memoranda, proposed trial exhibits, and proposed trial deposition testimony, the case settled for $150 million shortly before trial.

This was a novel legal theory and may be the only successful effort to recover under this theory on antitrust liability.

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