June 29, 2018. Hartley LLP filed a class action complaint against Merck and Glenmark for engaging in anticompetitive activity surrounding the cholesterol drug, Zetia (ezetimibe). The complaint alleges that the drug’s brand manufacturer, Merck, entered into an unlawful reverse payment agreement with Glenmark, the generic drug manufacturer, to stay out of the Zetia market for at least five years. The effect of the agreement forced end payors of the drug, including municipalities and other self-insured companies, to pay the much higher branded drug price. The generic version’s delay to market was worth an additional $800 million in sales to Glenmark.
If you are a self-insured company, a municipality, an administrator of a health and welfare plan or otherwise pay the cost of prescription medication, you may have a claim for damages against certain pharmaceutical companies for antitrust violations surrounding a number of different prescription drugs. Contact Hartley LLP for more information.