Case Caption: In re Zetia (Ezetimibe) Antitrust Litigation
Docket Number: No. 2:18-md-02836, MDL No. 2836
Court: Eastern District of Virginia
Judge: Honorable Douglas E. Miller
Direct Purchaser Plaintiffs: FWK Holdings, LLC, Rochester Drug Co-Operative, Inc., and Cesar Castillo, Inc.
Plaintiffs: Albertsons Companies, Inc.; Burlington Drug Company, Inc.; Centene Corp.; Cesar Castillo, Inc.; CVS Pharmacy, Inc.; City of Providence, Rhode Island; Dakota Drug, Inc.; FWK Holdings, LLC; Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund; Giant Eagle, Inc.; Health Net, LLC; HEB Grocery Company L.P.; Humana Inc.; International Union of Operating Engineers Local 49 Health and Welfare Fund; J. M. Smith Corp.; Kaiser Foundation Health Plan, Inc.; Law Enforcement Health Benefits Inc.; Louisiana Wholesale Drug Co., Inc.; New Yok Quality Healthcare Corp.; North Carolina Mutual Wholesale Drug Co.; Painters District Council No. 30 Health and Welfare Fund; Philadelphia Federation of Teachers Health and Welfare Fund; Prescription Supply, Inc.; Rite Aid Corp.; Rite Aid Hdqtrs. Corp.; Rochester Drug Cooperative, Inc.; St. Paul Electrical Workers’ Health Plan; Supervalu, Inc.; Self Insured Schools of California; Sergeants Benevolent Association Health & Welfare Fund; The Kroger Co.; The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association; The Uniformed Firefighters' Association of Greater New York Security Benefit Fund; Turlock Irrigation District; UFCW Local 1500 Welfare Fund; United Healthcare Services, Inc.; Value Drug Company; Wellcare Health Plans, Inc.; Walgreen Co.; Wisconsin Masons' Health Care Fund
Defendants: Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Schering-Plough Corp.; Schering Corp.; MSP Singapore Co. LLC; Glenmark Pharmaceuticals, Ltd.; Glenmark Generics Inc., USA; Glenmark Pharmaceuticals Inc., USA; Shering-Plough Corporation; Glenmark Pharmaceuticals Ltd.
Overview: Kessler Topaz was counsel for direct purchasers alleging that the brand drug company, Merck & Co., and a generic drug company, Glenmark Pharmaceuticals, entered into an unlawful “pay-for-delay” agreement concerning the cholesterol drug, Zetia, which delayed the availability of a cheaper generic Zetia product for years. In exchange for Glenmark’s agreement to delay the entry of its generic version of Zetia into the U.S. market, Merck agreed not to launch an authorized generic Zetia, which would have competed with Glenmark’s product. As a result, direct purchasers paid significantly higher prices. A global settlement was reached (including the indirect purchaser class and several large retailers), just prior to jury selection, for over $600 million.