Pomerantz LLP

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Case Update: On January 21, 2015, Pomerantz LLP was granted class certification in In Re Nexium Antitrust Litigation. Pomerantz was appointed co-lead counsel in this antirust class action on behalf of End-Payor Purchaser Plaintiffs (i.e., consumers and third-party payors, such as union health and welfare trust funds) of brand Nexium for violations of antitrust and consumer protection laws. Plaintiffs allege that Defendant AstraZeneca, the manufacturer of Nexium, conspired with Defendants Ranbaxy, Ranbaxy Pharmaceuticals, Teva Pharmaceuticals, and Dr. Reddy’s Laboratories, all potential manufacturers of generic Nexium, to delay market entry of generic Nexium by entering into non-competition agreements, known as “Pay-for-Delay” Agreements. More specifically, Plaintiffs allege Defendant AstraZeneca agreed to pay generic manufacturer defendants substantial sums in exchange for the generic manufacturers’ agreement to delay the sale of generic Nexium. 

On September 11, 2013, the Court denied Defendants’ Motions to Dismiss the End-Payors’ complaint. On November 14, 2013, the Court certified a class of individual consumers, third-party payors (“TPPs”), union plan sponsors, and insurance companies that purchased or provided reimbursements for Nexium in 25 states. Discovery is now complete and the case is trial ready