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UFCW Lof itself a v ACTAVIDR. REDGLENMLUPIN PINC., MYTEVA PHZYDUS
1
similarly
recover d
others sim
manufact
sodium ta
United S
2
manufact
generic d
LOCAL 1500and all other
Plaint
.
IS HOLDCODDY’S LABARK PHAR
PHARMACEYLAN PHAHARMACEPHARMAC
Defen
Plaint.
y situated, bri
damages and
milarly situa
turers in the
ablets (“prav
tates.
Plaint.
turers, includ
drugs, includ
UNITEASTER
0 WELFARrs similarly s
tiff,
O U.S., INC.BORATORIERMACEUTIEUTICALS,
ARMACEUTEUTICALS UCEUTICALS
ndants.
tiff UFCW L
ings this cla
d obtain injun
ated have sus
world, arisin
vastatin”), an
tiff’s claims
ding Defend
ding pravasta
TED STATERN DISTRI
RE FUND, onsituated,
., APOTEX ES, INC., ICALS INC., INC., MYL
TICALS INCUSA, INC., S (USA) INC
Local 1500 W
ss action for
nctive and e
stained again
ng from thei
nd to allocat
arise from a
dants here, to
atin, which i
ES DISTRIICT OF PE
n behalf
CORP.,
, USA, LAN C., and
C.,
Welfare Fund
r claims unde
quitable reli
nst Defendan
ir conspiracy
te markets an
a broad-based
o raise and fi
s at issue in
ICT COURTENNSYLVA
No. _____ CLASS A JURY TR
d, on behalf
er federal an
ief for the su
nts, the large
y to raise the
nd customer
d conspiracy
ix the prices
this Compla
T ANIA
___
ACTION CO
RIAL DEMA
of itself and
nd state antit
ubstantial inj
est generic d
e prices of pr
rs for pravast
y by numero
of more tha
aint.
OMPLAINT
ANDED
d all others
trust laws to
uries it and
drug
ravastatin
tatin in the
ous generic d
an a dozen
drug
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 1 of 54
3
Plaintiff’
4
hypercho
5
the early
6
that time
instances
results in
prices.
7
For exam
2014, the
strength a
pravastat
8
were the
well as a
largest ge
1 See Extraordin
Plaint.
s own acts a
Prava.
olesteremia (
Signif.
1990s and h
Gener.
, have been
s priced at pe
n vigorous pr
Recen.
mple, betwee
e price of pra
and package
tin had exper
These.
result of De
llocate custo
eneric drug m
GAO, Genericnary Price Incr
tiff’s allegati
and upon inf
statin is com
(i.e., high ch
ficantly, prav
has been on t
ric versions p
priced signif
ennies per ta
rice competi
ntly, howeve
en the fourth
avastatin has
e size. The U
rienced “ext
e price hikes
efendants’ co
omers and m
manufacture
c Drugs Underreases, No. 16-
ions are mad
formation an
NATURE O
mmonly presc
holesterol and
vastatin is no
the market f
pravastatin h
ficantly lowe
ablet. This is
ition, benefit
er, pravastati
quarter of 2
s increased b
U.S. Governm
traordinary p
were not the
onspiracy to
markets for, p
ers: Actavis H
r Medicare: Pa-706, App’x III
- 2 -
de on person
nd belief as to
OF THE AC
cribed lipid
d triglycerid
ot a new com
for over 20 y
have been on
er than their
s because the
ting consume
in has experi
2013 and the
between 300
ment Accoun
price increase
e result of co
fix, raise, m
pravastatin. D
Holdco U.S.
art D Generic DI (Aug. 2016),
nal knowledg
o all other m
CTION
d (fat) contro
des).
mpound. Pra
years.
n the market
r branded cou
e presence of
ers and third
ienced unpre
beginning o
0% and 600%
ntability Off
es” between
ompetitive m
maintain, and
Defendants a
., Inc.; Apote
Drug Prices Dhttp://www.ga
ge as to Plain
matters.
ol drug indica
avastatin was
t for years an
unterparts—
f generic dru
d-party payo
ecedented pr
of the second
%, depending
fice (“GAO”
n 2010 and 2
market force
d stabilize the
are among th
ex Corp.; Dr
Declined Overaao.gov/assets/6
ntiff and
ated to treat
s introduced
nd, for most
—in many
ugs usually
ors through lo
rice increase
d quarter of
g on the dos
”) noted that
015.1
s; instead, th
e prices of, a
he world’s
r. Reddy’s
ll, but Some H680/679022.pdf
d in
of
ower
es.
age
hey
as
Had f .
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 2 of 54
Laborato
Inc.; Myl
(USA) In
9
meetings
Generic P
low num
Defendan
supracom
1
enforcers
Antitrust
leading a
antitrust
in a broa
dozen ge
from a fe
whether D
1
issuing su
pricing o
DOJ’s an
documen
ories, Inc.; G
lan Pharmac
nc.
Defen.
s, both in priv
Pharmaceuti
bers of comp
nts’ anticom
mpetitive pric
Defen0.
s, members o
t Division (“
a multi-state
probes into a
d-based con
eneric drugs,
ederal grand
Defendants
DOJ’s1.
ubpoenas to
of generic dig
nd CTAG’s s
nts and testim
Glenmark Pha
ceuticals Inc
ndants orche
vate and at p
ical Associat
petitors and
mpetitive acti
cing to the p
ndants’ price
of Congress,
DOJ”) and t
working gro
allegations t
spiracy to fi
including p
jury proceed
and other dr
s and CTAG
Lannett and
goxin tablets
subpoenas to
mony concer
armaceutical
.; Teva Phar
strated their
public events
tion (“GPhA
barriers to e
ons and hav
present.
e increases ha
, the press, a
the Connecti
oup of state a
that as many
x, raise, mai
ravastatin. S
ding in the E
rug manufact
G’s investigat
d Impax conc
s—a commo
o Impax and
rning the pric
- 3 -
ls Inc. USA;
rmaceuticals
conspiracy
s, such as tra
A”), among o
entry in the p
e allowed th
ave also grab
and drug purc
icut Attorney
attorneys ge
y as a dozen g
intain, and st
Significantly
Eastern Distr
turers consp
tions started
cerning their
only prescrib
d Lannett, DO
cing of digox
; Lupin Phar
USA, Inc.;
through secr
ade associati
others. Oligo
pravastatin m
hem to sustai
bbed the atte
chasers. The
y General’s
neral—are c
generic drug
tabilize the p
y, DOJ has is
rict of Penns
pired to fix g
d in summer
r contacts w
bed heart me
OJ also subp
xin.
rmaceuticals
and Zydus P
ret communi
ion meetings
opolistic con
market—faci
in their unlaw
ention of gov
e Departmen
Office (“CT
conducting s
g manufactur
prices of as m
ssued subpoe
sylvania that
generic drug
2014, with e
with competit
edication. Fo
poenaed Par,
s, Inc.; Mylan
Pharmaceuti
ications and
s held by the
nditions—e.g
ilitated
wful
vernment
nt of Justice’
TAG”)—whi
sweeping
rers particip
many as two
enas which a
t is investiga
prices.
each agency
tors, sales, an
ollowing the
, seeking
n
cals
d
e
g.,
s
ich is
ated
o-
arise
ating
y
nd
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 3 of 54
1
doxycycl
subpoena
1
disclosed
disclosed
subpoena
and other
investiga
14
DOJ subp
and verap
represent
requirem
1
against m
analyst h
2 TaroSECText&wJkRTRV
3 Mylhttp://apps2LQZGT&
By lat2.
line such as
as.
In Au3.
d that they re
d that it, “as
as from the [
rs regarding
ation concern
And m4.
poena conce
pamil—and
ts a significa
ment.
The D5.
many generic
has estimated
o, SEC Form 6&TEXT=aHR0cVE9MCZTRVE
lan SEC Form .shareholder.co
&docid=116784
te 2014, DO
Actavis, Lan
gust 2016, T
eceived subp
well as two
[DOJ],” seek
the sale of g
ning its comp
most recently
erning four a
that search w
ant escalation
DOJ’s investi
c drug manu
d, for examp
6-K (Sept. 9, 20cDovL2FwaS5
E9MCZTUURF
10-Q, at 58 (Nom/sec/viewer486#MYL10Q
J’s probe ex
nnett, Mayne
Teva and Dr.
poenas from
senior office
king, among
generic pharm
petitor conta
y, on Novem
additional dru
warrants had
n of the DOJ
igation could
facturers, in
le, that Teva
016), http://phx50ZW5rd2l6YXFU0M9U0VDV
Nov. 10, 2016),Content.aspx?c
Q_20160930XD
- 4 -
xpanded furth
e Pharma, M
. Reddy’s, w
the DOJ. In
ers in its com
other things
maceutical p
acts and pric
mber 10, 201
ugs—cidofo
d been execu
J’s investiga
d also result
cluding thos
a could face
x.corporate-ir.nXJkLmNvbS9mVElPTl9FTlRJ
, companyid=AB
DOC_HTM_S5
her to includ
Mylan, and P
which manufa
September
mmercial tea
s, “communi
products.”2 Z
cing of divalp
6, Mylan dis
ovir, clipizid
uted.3 The is
ation given th
t in the impo
se named as
liability of b
net/phoenix.zhmaWxpbmcueJUkUmc3Vic2
BEA-582E80BDD42
de manufactu
ar, which all
facture prava
2016, Taro P
am, received
ications with
Zydus is also
proex ER.
sclosed that
de-metformin
suance of w
he probable
osition of sub
Defendants
between $30
html?c=114698eG1sP2lwYWd2lkPTU3.
215D11A4040
urers of
l received si
astatin, also
Pharmaceuti
d grand jury
h competitor
o under fede
it had receiv
n, propranolo
warrants
cause
bstantial fine
here. One
00 million an
8&p=irol-dlPTExMTM0
0D12D4C2E29
imilar
icals,
rs
ral
ved a
ol
es
nd
MjU
97.
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 4 of 54
$700 mil
Another
1
requested
Sun, Tev
doxycycl
informati
drugs tha
albuterol
hydrochl
1
of the pro
that, after
drug man
2016.5
1
of pravas
prices for
4 Eric(Nov. 10, 2liabilities-a
5 See BloombergCollusion Creport-of-p(Nov. 3, 20
llion, while M
analyst estim
In add6.
d informatio
va, West-Wa
line, and dig
ion from De
at have simil
l sulfate, glyc
lorothiazide.
Signif7.
osecution ph
r two years o
nufacturers,
As a r8.
statin, consu
r these gener
c Saonowsky, D2016), http://wanalyst-says.
David McLaug (Nov. 3, 2016Charges, Wall
possible-probe-016), http://reu
Mylan could
mated that fin
dition to DO
n from gene
ard, and Zydu
goxin, among
fendants and
larly undergo
copyrrolate,
ficantly, rece
hase: Bloomb
of investigat
with sources
result of Def
mers and thi
ric drugs.
DOJ’s price-fixwww.fiercephar
ghlin & Caroli6), http://bloom St. J. (Nov. 3,-1478209036; Dut.rs/2fIIPn0.
d face liabilit
nes industry
J’s and CTA
eric manufac
us, concernin
g numerous o
d other gene
one significa
neostigmine
ent news rep
berg, The Wa
tion, DOJ is
s stating that
fendants’ sch
ird-party pay
xing investigatrma.com/pharm
ine Chen, U.S. m.bg/2fIr5rX; P, 2016), http://wDeena Beasley
- 5 -
ty of betwee
y-wide could
AG’s investig
cturers Actav
ng their sale
other drugs.
ric drug man
ant price incr
e methylsulf
ports have sta
Wall Street Jo
close to brin
t the charges
heme to fix,
yors paid, an
tion could leadma/doj-s-price-
Charges in GePeter Loftus, etwww.wsj.com/y, Drug makers
en $380 milli
d exceed $1 b
gations, mem
vis, Apotex,
es of divalpro
Members o
nufacturers r
reases over t
fate, and ben
ated that inv
ournal, and R
nging crimin
s could be br
raise, mainta
nd continue t
d to sizable liab-fixing-investig
eneric-Drug Prt al., Generic-D/articles/generis under fire for
ion and $770
billion.4
mbers of Con
Impax, Lann
oex ER, prav
f Congress a
regarding oth
the past few
nazepril/
vestigations a
Reuters have
nal charges a
rought as ear
ain, and stab
to pay, supra
bilities, analystgation-could-le
robe to Be FileDrug Firms Faic-drug-makersr possible price
0 million.
ngress have
nett, Mylan,
vastatin,
also requeste
her generic
w years, inclu
are on the cu
e all reported
against gener
rly as the en
bilize the pri
acompetitive
t says, FiercePhead-to-sizable-
e by Year-End,ace Possible s-shares-drop-oe fixing, Reuter
Par,
ed
uding
usp
d
ric
nd of
ices
e
harma
,
on-rs
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 5 of 54
1
compose
purchase
pravastat
employee
through a
ceased (t
2
entities w
Maine, M
Carolina,
Virginia,
reimburs
consump
beneficia
anticomp
2
obtain inj
injuries t
violation
2
§§ 1331
Plain9.
d of all indiv
d, paid, and
tin, other tha
es, insureds,
and includin
he “Class Pe
The se0.
who, in Alab
Michigan, M
, North Dako
, Wisconsin,
ement for so
ption by itsel
aries, from at
petitive effec
Plaint1.
junctive reli
hat Plaintiff
n of Section 1
This C2.
and 1337 an
tiff seeks to
viduals and e
provided re
an for resale,
, participants
ng the date th
eriod”).
econd class (
ama, Arizon
innesota, Mi
ota, Oregon,
and the Dis
ome or all of
lf, its familie
t least as ear
cts of Defend
J
tiff brings th
ief and costs
f and the othe
1 of the Sher
Court has sub
nd Section 16
certify two
entities in th
imbursemen
, for consum
s, or benefici
hat the antico
(the “Damag
na, Californi
ississippi, N
, Rhode Islan
strict of Colu
f the purchas
es, or its mem
rly as Octobe
dants’ unlaw
JURISDICT
is action und
of suit, inclu
er members
rman Act, 15
bject matter
6 of the Clay
- 6 -
classes. The
he United Sta
nt for some o
mption by itse
iaries, from
ompetitive e
ges Class”) i
a, Florida, H
Nebraska, Ne
nd, South Da
umbia, indire
se price for p
mbers, emplo
er 1, 2013 th
wful conduct
TION AND
der Section 1
uding attorn
of the Class
5 U.S.C. § 1
jurisdiction
yton Act, 15
e first class (t
ates or its ter
or all of the p
elf, its famili
at least as ea
ffects of De
is composed
Hawaii, Iowa
evada, New M
akota, Tenne
ectly purcha
pravastatin, o
oyees, insure
hrough and in
ceased.
VENUE
16 of the Cla
neys’ fees, ag
s have suffer
.
over this ac
U.S.C. § 26
the “Injuncti
rritories who
purchase pri
ies, or its me
arly as Octob
fendants’ un
d of all indivi
a, Kansas, M
Mexico, New
essee, Utah,
sed, paid, an
other than fo
eds, particip
ncluding the
ayton Act, 1
gainst Defen
red from Def
ction pursuan
6, because th
ive Class”) i
o indirectly
ce for
embers,
ber 1, 2013
nlawful cond
iduals and
Massachusett
w York, Nor
Vermont, W
nd provided
or resale, for
pants, or
e date that th
5 U.S.C. §26
ndants for the
fendants’
nt to 28 U.S.
his action ari
is
duct
s,
rth
West
r
he
6, to
e
.C.
ses
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 6 of 54
under the
claims pu
2
because t
proposed
a state di
24
Section 1
were fou
commerc
2
intended
including
2
of interst
substanti
2
interstate
A
2
benefits f
11590. L
e federal anti
ursuant to 28
This C3.
this action is
d class excee
ifferent from
Venue4.
12 of the Cla
nd, or had ag
ce discussed
Defen5.
to, and did h
g in this Dist
Defen6.
tate commer
ial, and reaso
Each D7.
e commerce
A. Plaint
Plaint8.
fund with its
Local 1500 pr
itrust laws. T
8 U.S.C. § 13
Court also ha
s a class acti
eds $5,000,00
m that of one
e is proper in
ayton Act, 15
gents within
below was c
ndants’ cond
have a subst
trict.
ndants sold a
ce. The cons
onably fores
Defendant, o
to join or eff
tiff
tiff UFCW L
s principal pl
rovides near
This Court a
367(a).
as jurisdictio
on in which
00 and at lea
of Defendan
n this Distric
5 U.S.C. § 2
n this District
carried out i
duct, as descr
tantial effect
and shipped p
spiracy in wh
eeable effec
or one or mo
ffectuate thei
THE
Local 1500 W
lace of busin
rly 23,000 m
- 7 -
also has supp
on over this m
the aggrega
ast one mem
nts.
ct under 28 U
2, because D
t, and a port
n this Distric
ribed in this
on, the inter
pravastatin i
hich Defend
t on interstat
ore of its affi
ir conspiracy
E PARTIES
Welfare Fund
ness at 425 M
members with
plemental jur
matter under
ate amount in
mber of the D
U.S.C. § 139
Defendants r
tion of the af
ct.
Complaint,
rstate comm
in a continuo
dants particip
te and intras
iliates, used
y.
S
d (“Local 15
Merrick Ave
h health and
risdiction ov
r 28 U.S.C.
n controvers
Damages Cla
91(b), (c), an
resided, trans
ffected inters
was within t
merce of the U
ous and unin
pated had a d
state comme
the instrume
500”) is an e
enue, Westbu
welfare ben
ver state law
§ 1332(d)
sy for the
ass is a citize
nd (d) and
sacted busin
state trade an
the flow of,
United State
nterrupted flo
direct,
rce.
entalities of
employee we
ury, New Yo
nefits, many
en of
ness,
nd
was
es,
ow
elfare
ork,
of
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 7 of 54
whom liv
paid for s
property.
Defendan
markets a
B
2
principal
New Jers
Allergan
assets of
Allergan
During th
3
business
Apotex, I
Toronto,
During th
ve in New Y
some or all t
. Local 1500
nts’ anticom
and custome
B. Defen
1.
Defen9.
l place of bus
sey, 07054. I
plc’s for $4
its “generic
’s generics b
he Class Per
2.
Defen0.
at 2400 Nor
Inc., a Canad
Canada, M9
he Class Per
York, among
the purchase
0 paid and re
mpetitive con
ers.
ndants
Actavis
ndant Actavi
siness at Mo
In August 20
40.5 billion. I
s business” t
business. Ac
riod, Actavis
Apotex
ndant Apotex
rth Commerc
dian compan
9L 1T9. Apo
riod, Apotex
other states.
e price for pr
eimbursed m
duct to fix, r
s Holdco U.
orris Corpora
016, Teva Ph
In connectio
to Actavis, s
ctavis manufa
s sold generic
x Corp. (“Ap
ce Parkway,
ny with its p
otex manufac
sold generic
- 8 -
. During the
ravastatin, th
more for these
raise, mainta
S., Inc. (“Ac
ate Center II
harmaceutica
on with this a
so that by ac
factures, mar
c pravastatin
potex”) is a
Weston, Flo
rincipal plac
ctures, mark
c pravastatin
Class Period
hereby suffer
e products th
ain, and stab
ctavis”) is a
II, 400 Interp
als U.S., Inc
acquisition, A
quiring Acta
rkets, and se
n in the Unit
corporation
orida, 33326
ce of busines
kets, and sell
n in the Unite
d, Local 150
ring injury to
han it would
ilize the pric
corporation
pace Parkwa
c. acquired A
Allergan ass
avis, Teva al
lls generic d
ted States.
with its prin
6. Apotex is
ss at 150 Sig
ls various ge
ed States.
00 purchased
o its busines
have absent
ces and alloc
with its
ay, Parsippan
Actavis from
signed certai
lso acquired
drug product
ncipal place
a subsidiary
gnet Drive,
eneric drugs.
d and
ss and
t
cate
ny,
m
in
ts.
of
y of
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 8 of 54
3
its princi
Reddy’s
place of b
5000034
Period, D
3
with its p
Glenmark
principal
Express H
sells vari
United S
3
principal
subsidiar
Laxmi To
manufact
Class Per
3.
Defen1.
pal place of
is a subsidia
business loc
. Dr. Reddy’
Dr. Reddy’s
4.
Defen2.
principal plac
k is a subsid
l place of bus
Highway, A
ious generic
tates.
5.
Defen3.
l place of bus
ry of Lupin L
owers, Band
tures, marke
riod, Lupin s
Dr. Reddy
ndant Dr. Re
business at
ary of Dr. Re
ated at 8-2-3
’s manufactu
sold generic
Glenmark
ndant Glenm
ce of busine
diary of Glen
siness at Gle
ndheri (E), M
drugs. Durin
Lupin
ndant Lupin
siness at 111
Limited, an I
dra Kurla Co
ets, and sells
sold generic
y’s
eddy’s Labo
107 College
eddy’s Labor
337, Road N
ures, market
c pravastatin
k
mark Pharmac
ss at 750 Co
nmark Pharm
enmark Hou
Mumbai, Ind
ng the Class
Pharmaceuti
1 South Calv
Indian comp
omplex, Band
generic vers
pravastatin
- 9 -
ratories, Inc
e Road East,
ratories Ltd.
No. 3, Banjar
s, and sells v
in the Unite
ceuticals Inc
orporate Driv
maceuticals L
se, B.D. Saw
dia, 400 099
Period, Gle
icals, Inc. (“
vert Street, B
pany with its
dra (E), Mum
sions of bran
in the Unite
c. (“Dr. Redd
Princeton, N
., an Indian c
ra Hills, Hyd
various gene
ed States.
c., USA (“Gl
ve, Mahwah
Limited, an I
want Marg. C
. Glenmark m
enmark sold
“Lupin”) is a
Baltimore, M
s principal pl
mbai 400 05
nd pharmace
ed States.
dy’s”) is a c
New Jersey,
company wi
derabad Tela
eric drugs. D
lenmark”) i
h, New Jersey
Indian comp
Chakala, Off
manufacture
generic prav
a corporation
Maryland, 21
lace of busin
51, India. Lu
eutical produ
corporation w
08540. Dr.
ith its princip
angana, India
During the Cl
is a corporat
y, 07430.
pany with its
ff Western
es, markets,
vastatin in th
n with its
202. Lupin i
ness at B/4
upin
ucts. During
with
pal
a,
lass
tion
s
and
he
is a
the
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 9 of 54
34
business
3
principal
3
to as “My
products
United S
3
corporati
Pennsylv
company
Teva man
Period, T
3
corporati
08534. Z
company
During th
6.
Defen4.
at 1000 Myl
Defen5.
l place of bus
Defen6.
ylan.” Myla
in the Unite
tates.
7.
Defen7.
ion with its p
vania 19454.
y with princip
nufactures, m
Teva manufa
8.
Defen8.
ion with its p
Zydus is a sub
y. Zydus man
he Class Per
Mylan De
ndant Mylan
lan Blvd., C
ndant Mylan
siness at 781
ndants Mylan
an manufactu
ed States. Du
Teva
ndant Teva P
principal pla
Teva is a su
pal place of
markets, and
actured and s
Zydus
ndant Zydus
principal pla
bsidiary of Z
nufactures, m
riod, Zydus m
efendants
Inc. is a Pen
anonsburg, P
Pharmaceut
1 Chestnut R
n Inc. and M
ures, market
uring the Cla
Pharmaceutic
ace of busine
ubsidiary of
business loc
d sells variou
sold generic
Pharmaceut
ace of busine
Zydus Pharm
markets, and
manufacture
***
- 10 -
nnsylvania c
Pennsylvani
ticals Inc. is
Ridge Road,
Mylan Pharm
s, and sells b
ass Period, M
cals USA, In
ess at 1090 H
Teva Pharm
cated at 5 Ba
us generic ph
pravastatin i
ticals (USA)
ess at 73 Rou
maceuticals L
d sells variou
d and sold g
**********
corporation w
ia, 15317.
a West Virg
Morgantown
maceuticals In
branded and
Mylan sold g
nc. (“Teva”)
Horsham Roa
maceutical In
asel Street, P
harmaceutica
in the United
) Inc. (“Zydu
ute 31 N, Pen
Limited, an I
us generic ph
generic prava
with its princ
ginia corpora
n, West Virg
nc. are collec
d generic pha
generic prava
) is a Pennsy
ad, North W
ndustries Lim
Petach Tikva
al products.
d States.
us”) is a New
nnington, N
Indian pharm
harmaceutica
astatin in the
cipal place o
ation with it
ginia 26505.
ctively refer
armaceutical
astatin in the
ylvania-based
Wales,
mited, an Isra
a, Israel 4913
During the C
w Jersey
ew Jersey,
maceutical
al products.
e United Stat
of
s
.
rred
l
e
d
aeli
31.
Class
tes.
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 10 of 54
3
Zydus ar
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participat
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sold by a
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4
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have incr
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Dr. Reddy’s
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ividuals unk
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CE PRESCRD THIRD-P
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 11 of 54
4
their bran
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 12 of 54
44
by a riva
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mbe.org/delay.p
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d by the GA
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illion
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 13 of 54
4
bolstered
1984, mo
the regul
selling ge
Hatch-W
fashion th
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drug, the
drug’s N
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arts subject t
e consumer w
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ly known as
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allows gener
filing of an A
ANDA appli
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DA is insuff
nnection with
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welfare-enha
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s the “Hatch-
ic drug manu
filing a leng
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icant shows
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ls. The FDA
ficient to mee
h the approv
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apeutically e
e generic dru
the branded
n-AB rated g
onsiderations
- 14 -
ancing attribu
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-Waxman A
ufacturers ha
gthy and cost
nufacturers t
New Drug A
that the gen
scientific an
ata. The abil
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A must appro
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val of a gene
om “AA” to “
equivalent to
ug substitutio
product for
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utes of gene
on and Patent
Act.” The Hat
ave to clear
tly New Dru
to obtain FD
Application
eric drug is b
nd other data
lity to rely o
the need for
ove an ANDA
rements unde
eric drug, the
“BX.” An “A
o its branded
on laws, pha
its cheaper
gs can be sub
informed co
eric drug com
t Term Resto
tch-Waxman
prior to mar
ug Applicatio
DA approval
(“ANDA”).
bioequivalen
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on the scienti
duplicative
A unless the
er the Hatch
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AB” rating s
d counterpart
armacists are
generic coun
bstituted for
onsent from p
mpetition we
oration Act
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patient or
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ed
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 14 of 54
physician
inures to
5
easier for
market.
5
is part of
identified
5
pravastat
on Octob
blockbus
5
include A
dominant
significan
10 http://pharmd=220901&
n and whethe
the financia
In sum0.
r generic dru
FAC
Prava1.
f a class of dr
d in the 1970
1.
Bristo2.
tin under the
ber 31, 1991,
ster drug for
2.
Gener3.
Apotex, Dr. R
t players in t
nt, players.
macistsletter.th&AspxAutoDe
er the switch
al benefit of
m, the stream
ug manufactu
CTUAL BAC
statin is a dr
rugs known
0s by researc
Brand Ma
ol Myers Squ
e name Prava
, and began
BMS, gener
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ric drug man
Reddy’s, Gle
the market, w
herapeuticreseaetectCookieSup
h is appropri
consumers a
mlined appro
urers to brin
CKGROUN
rug used for
as “statins.”
chers at Sank
anufacturer
uibb (“BMS”
achol®. BM
selling its pr
rating over $
Manufactur
nufacturers th
enmark, Lup
while Actavi
arch.com/pl/Arpport=1.
- 15 -
iate in a phar
and third-par
oval process
ng competing
ND REGARD
the treatmen
” Pravastatin
kyo Pharma
r of Pravast
”) manufactu
S received a
ravastatin pr
$1 billion in
ers of Prava
hat currently
pin, and Tev
is, Dr. Redd
rticleDD.aspx?
rmacist’s pro
rty payors.
under the H
g and cheape
RDING PRA
nt of high ch
n is a derivat
Inc.
tatin
ures and sell
approval for
roduct soon t
annual sales
astatin
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dy’s, and Lup
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ofessional ju
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holesterol an
ive of comp
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s.
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Glenmark, an
pin are small
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udgment.10 T
an Act make
roducts to
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d triglycerid
actin, which
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ns of pravast
nd Teva are
ler, but still
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es it
des. It
h was
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as a
tatin
the
186&d
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 15 of 54
in
in
pr
A
pr
in
54
generic p
issues at
approval
decree be
A
5
sold in th
tablet to n
n October 20
n October 20
ravastatin in
April 2006.
ravastatin in
n January 20
Sun P4.
pravastatin in
one of Ranb
of 27 Ranba
etween Ranb
A. DefenPrava
As pa5.
he United Sta
nearly $1.00
(a) Ac
006.
(b) Ap
006.
(c) Gle
n December 2
(d) Tev
(e) Dr
n October 20
(f) Lu
008.
Pharma’s sub
n the United
baxy’s Indian
axy ANDAs
baxy, FDA, a
DE
ndants Consastatin
rt of their co
ates. Prices f
0 per tablet. A
ctavis receive
potex receive
enmark rece
2007.
va received
. Reddy’s re
006.
upin received
bsidiary, Ran
States throu
n manufactu
s—including
and DOJ.
EFENDANT
spired to Fix
onspiracy, D
for pravastat
According to
- 16 -
ed approval
ed approval t
eived approv
approval to
eceived appro
d approval to
nbaxy Labor
ugh January
uring plants r
g its ANDA f
TS’ WRON
x, Raise, Ma
efendants ag
tin inexplica
o a New Yor
to market ge
to market ge
val to market
market gene
oval to mark
o market gen
ratories, also
2012. Howe
resulted in th
for pravastat
NGDOING
aintain, and
greed to rais
ably rose from
rk Times arti
eneric versio
eneric versio
t generic ver
eric versions
ket generic v
neric version
o manufactur
ever, signific
he FDA with
tin—as part
d Stabilize t
e the prices
m only a few
cle, the “pric
ons of prava
ons of pravas
rsions of
s of pravasta
versions of
ns of pravast
red and sold
cant complia
hdrawing
of a consent
the Prices of
of pravastat
w pennies pe
ce that hospi
statin
statin
atin in
atin
ance
t
f
tin
er
itals
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 16 of 54
and pharm
$27” betw
5
Teva. Ac
5
pravastat
well as a
5
prices, ot
of Januar
month.12
5
to a non-
shows th
shows th
2015:
11 Elihttp://nyti.m
12 Ste2015).
macies . . . p
ween Octobe
The m6.
ctavis, Dr. R
Trade7.
tin manufact
llocate mark
As a r8.
thers would
ry 2015, Act
Plaint9.
disclosure a
at the price h
e average pr
zabeth Rosenthms/1CT14bv.
even Valiquette
pay for a bot
er 2013 and
market for pr
eddy’s, and
association
turers with th
kets.
result of thei
soon follow
tavis similarl
tiff analyzed
greement), i
hikes for pra
rice per unit
hal, Official Qu
e, et al., U.S. H
ttle of pravas
April 2014.
ravastatin is d
Lupin are sm
meetings, in
he opportuni
ir agreement
. For examp
ly raised its
d several sour
including CM
avastatin wer
(tablet) of g
uestion the Ris
Healthcare Dist
- 17 -
statin, a chol
11
dominated b
maller, yet st
ncluding tho
ity to meet a
t, whenever c
le, when Tev
prices for its
rces of data
MS’s NADA
re also gener
generic prava
sing Costs of G
tribution: Gene
lesterol-lowe
by Defendan
till significa
ose sponsore
and agree to
certain prava
va raised its
s pravastatin
for pravasta
AC data. The
rally industr
astatin betwe
Generic Drugs,
eric Inflation U
ering drug, r
nts Apotex, G
ant, players.
d by GPhA,
fix pravastat
astatin produ
pravastatin
n generics th
atin (some of
e data Plainti
ry-wide. The
een October
N.Y. Times (O
Update for Feb
rose to $196
Glenmark, an
provided
tin prices, as
ucers raised
prices at the
he following
f which is su
iff analyzed
e chart below
2012 and Ju
Oct. 7, 2014),
bruary, at 1 (M
from
nd
s
their
e end
ubject
w
uly
Mar. 3,
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 17 of 54
6
an averag
Decembe
6
pravastat
Represen
20 mg, 1
40 mg, 1
10 mg, 5
80 mg, 5
10 mg, 9
20 mg, 9
40 mg, 9
The d0.
ge market pr
er 18, 2013.
Simila1.
tin 10 mg, 20
ntative Cumm
000 units
000 units
500 units
500 units
90 units
90 units
90 units
data show tha
rice of $0.09
arly staggeri
0 mg, 40 mg
mings in the
at prices for
9 per tablet a
ing price inc
g, and 80 mg
ir October 2
$77
$114
$27
$59
$6
$7
$9
- 18 -
pravastatin 4
as of July 11,
reases were
g dosages, as
2014 letters t
40 mg have
, 2013 to $0.
found for di
s noted by Se
to pravastatin
$368
$540
$196
$299
$34
$35
$51
increased o
.67 per table
ifferent pack
enator Sande
n producers.
over 640%, fr
et as of
kage sizes fo
ers and
.
447%
528%
573%
365%
420%
446%
473%
from
or
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 18 of 54
80 mg, 9
6
substanti
continues
competit
members
pravastat
B
6
market.
64
raise, ma
products
rents from
6
numerou
in
pr
90 units
Furthe2.
ially above th
s to deprive,
ion—namely
s of the Clas
tin.
B. Defenand M
There3.
Rathe4.
aintain, and s
. The price in
m captive dr
In form5.
us anticompe
n the United
ravastatin;
er, although
heir October
, Plaintiff an
y, lower pric
ses have pai
ndants’ ConMarkets for
are no mark
r, Defendant
stabilize the
ncreases we
rug purchase
mulating and
etitive activit
(a) Att
States by te
$14
pravastatin p
r 2012 prices
d members o
ces for gener
d and contin
nspiratorial Generic Pr
ket-based rea
ts sustained
prices of, an
re the produ
ers.
d effectuatin
ties, includin
tending joint
lephone, fac
- 19 -
prices have
s. Defendant
of the Classe
ric versions
nue to pay no
Conduct toravastatin
asons for the
these suprac
nd allocate m
uct of Defend
ng their cons
ng, among ot
t meetings o
csimile, and
$52
eroded some
ts’ coordinat
es the benefi
of pravastati
on-competiti
o Fix Prices
e pricing pat
competitive
markets and c
dants’ shared
spiracy, Defe
ther things:
or otherwise
electronic m
ewhat, they
ted pricing h
fits of free an
in. As a resu
ive prices fo
and Allocat
tterns in gene
profits by co
customers fo
d desire to ex
endants enga
engaging in
mail regardin
334%
still remain
has deprived
nd open
ult, Plaintiff
or generic
te Custome
eric pravasta
onspiring to
or those
xtract mono
aged in
n joint discus
ng the sale of
d, and
and
rs
atin
fix,
poly
ssions
f
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 19 of 54
ot
pu
an
co
m
U
co
v
6
commun
maintain
6
members
prices for
present.
therwise fix
urchasers in
nd non-comp
ollusive and
markets, supp
United States
onspiracy; a
arious mean
The p6.
ications was
an unlawful
As a r7.
s of the Clas
r pravastatin
(b) Ag
, increase, m
the United S
(c) Sel
petitive pric
(d) Ac
d non-compet
(e) Co
ply and manu
s;
(f) Au
nd
(g) Co
ns.
urpose of th
s to ensure th
l price-fixing
result of Def
ses were inju
n sold in the
greeing to ch
maintain, and
States;
lling pravast
es pursuant t
ccepting paym
titive prices;
ommunicatin
ufacturing is
uthorizing or
oncealing the
ese secret, c
hat all Defen
g and marke
fendants’ unl
ured because
United State
- 20 -
harge prices f
d stabilize th
tatin to custo
to the agreem
ments for pr
;
ng with one a
ssues, and pr
r consenting
e conspiracy
conspiratoria
ndants agreed
et and custom
lawful agree
e they paid,
es during the
for pravastat
e prices and
omers in the
ment reache
ravastatin so
another to di
rice levels of
to the partic
y and conspir
al meetings, d
d to particip
mer allocatio
ement to rest
and continue
e period Octo
tin at specifi
d supply of p
United Stat
d;
old in the Un
iscuss the pr
f pravastatin
cipation of em
ratorial conta
discussions,
ate in, imple
on scheme.
train trade, P
e to pay, sup
ober 1, 2013
ied levels, an
ravastatin so
es at collusiv
nited States a
rices, custom
n sold in the
mployees in
acts through
and
ement, and
Plaintiff and
pracompetiti
3 through the
nd
old to
ve
at
mers,
n the
h
ive
e
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 20 of 54
GENE
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- 21 -
ATIN IS SUNSPIRACY
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 21 of 54
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- 22 -
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 22 of 54
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- 23 -
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 23 of 54
average f
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 24 of 54
8
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astatin produ
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- 25 -
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spend little e
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ug product is
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 25 of 54
8
practices
9
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9
ability to
them to m
9
raise, and
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products
generic m
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Doxycycl
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4.
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o coordinate
monitor price
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and thus, h
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investigation
line Antitrus
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The Gene
ncentrated m
ravastatin m
Apotex, Dr.
imited numb
pricing of th
es in the dow
e dominant p
heir prices fo
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dominant man
ave overlapp
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of these ove
make digoxin
n and numer
st Litigation
ict of Pennsy
eric Pravast
market is mor
market is high
Reddy’s, G
ber of pravas
heir respectiv
wnstream ma
players in th
or pravastati
turers of Ge
nufacturers
ping product
duct overlap
erlapping pro
n and doxycy
rous civil cla
now pendin
ylvania, as w
- 26 -
atin Marke
re susceptibl
hly concentr
Glenmark, My
statin manufa
ve products.
arket and po
e pravastatin
n without co
eneric Prava
of generic pr
t portfolios w
incentivizes
oducts. For e
ycline, two d
ass actions in
g before Jud
well as other
et Is Highly
e to collusio
rated and is d
ylan, Lupin,
acturers faci
This concen
olice deviatio
n market, De
ompetitive th
astatin Hav
ravastatin al
with other no
s these manu
example, ma
drugs that ar
n In re Gene
dge Cynthia
generic drug
Concentrat
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dominated b
, Teva, and Z
ilitated those
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ons from agr
efendants we
hreats from r
ve Overlapp
lso make sev
on-pravastat
ufacturers to
any pravasta
re the subjec
eric Digoxin
Rufe in the
gs
ted
anticompeti
by less than t
Zydus.
e manufactur
o made it eas
reed-upon pr
ere able to fi
rival generic
ping Product
veral other d
tin producing
coordinate
atin
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and
District Cou
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ten
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y for
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ix,
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ts
drug
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DOJ
urt
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 26 of 54
:
94
incentive
9
price thei
with the u
GenericCompa
Actavis
Apotex
Dr. Red
Impax
Glenm
Lannet
Lupin
Mayne
Mylan
Par
Sun
Teva
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Zydus
This p4.
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6.
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ir products a
understandin
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s
x
ddy’s
ark
tt
Ward
product over
e to fix prices
Defendan
petitive firms
aggressively
ng that if the
goxin Do
rlap provided
s and allocat
nts’ Pricing A
s in a compe
, relative to t
ey do not do
- 27 -
oxycycline DE
d these manu
te sales of th
Actions We
etitive, comm
their compet
so, other co
Divalproex ER
ufacturers w
hese product
ere Against
moditized ma
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ompetitors un
Pravastat
with the oppo
s.
Their Self-I
arketplace w
ucts. Firms p
ndercut their
tin
ortunity and
Interest
will typically
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sively
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 27 of 54
price, tak
aggressiv
9
competit
Defendan
supracom
9
to gain sa
gains in f
from com
competin
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its memb
9
their con
associatio
of generi
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Dr. Redd
primary U
approved
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king sales—a
vely.
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ors. Rather t
nts instead s
mpetitive pric
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ales, revenue
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mpetitors sug
ng on price.
7.
In ord8.
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Defen9.
spiratorial c
on is the Gen
ic pharmaceu
Curren00.
dy’s, Glenma
U.S. busines
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and ultimate
however, D
than attempt
ought to me
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conduct was
es, and mark
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ggests that D
MembersWith Opp
der to be sust
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ndants were
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ark, Lupin, M
ss derives the
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efendants fa
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et the price i
aintiff and m
s against Def
ket share, De
Defendants’ f
Defendants w
hips in the Sportunities t
tained, consp
e adhering to
members of
ons and imp
maceutical As
facturers.
Members” o
Mylan, Teva
e majority o
cts sold as au
- 28 -
hare—away
ailed to price
s, revenue, a
increases ma
members of th
fendants’ sel
efendants ins
failure to cut
were conspiri
Same Tradeto Conspire
piracies requ
o the collecti
f trade assoc
plement their
ssociation (“
of the GPhA
a, and Zydus
f its revenue
uthorized ge
from the firm
e aggressivel
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ade by other
he Classes.
lf-interest be
stead sought
ut prices in th
ing to fix an
e Associatioe
uire periodic
ive scheme.
ciations, whi
r price-fixing
“GPhA”), wh
A include Def
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es from sales
eneric drugs;
ms that are p
ly relative to
share away f
rs and extrac
ecause rather
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nd raise price
ons Provide
c communica
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g scheme. O
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o their
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ct
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rice increases
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One such trad
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entities who
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other,
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e
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ex,
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 28 of 54
1
Directors
Mylan’s
Stewart p
Chairper
1
table lists
manufact
2012 GP
2012 GPConferen
2013 GP
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2014 GP
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Defendan
2013, as
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s, including:
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previously se
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s some of th
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Meeting
hA Annual M
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Defen03.
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erved as a G
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hnical
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ndants also ro
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Debra Barre
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rom Defenda
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February 22Orlando, FlOctober 1-3Bethesda, M
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February 19Orlando, Fl
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outinely gath
nded the ann
ther generic
- 29 -
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Dr. Reddy’s
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member. Ms
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2-24, 2012, lorida 3, 2012, Maryland
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-30, 2013, Maryland
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ctavis, Apotupin, Mylaneddy’s, Zydu
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Mylan, Teva, ydus
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nces in 2012
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 29 of 54
30th AnnuHealthca
31st AnnuHealthca
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focusing
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petitive schem
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GOVERNM
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eneric drugs
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of the Hous
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it is not surp
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locate marke
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ressional In
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prising that,
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ESTIGATI
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tober 2, 2014
e on Oversig
mmittee on P
nsions, “sen
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 30 of 54
informati
medical c
1
Mylan, P
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neric drugs u
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connectio
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of pharmacisonths of a larese price incrpurchase the“pharmaciste to increase
uisition pricecant’ impactg patients.”1
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rice Hikes (Noses/congressio
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medications. patients
and “84% ombursementility to rema
ngs publishe
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ufacturers lis
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federal gove
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ing held a he
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 32 of 54
Pharmac
reduced c
the overa
1
prices we
on Aging
Service o
patient ac
dramatic
to stock a
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Daniel R
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.”21
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R. Levinson,
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and Represe
review of ge
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w.aging.senate.
tter from Hon. w.sanders.senat
tter from Hon. w.sanders.senat
re scheduled
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equent congr
December 20
er 9, 2015 he
rsity of Utah
ealthcare, sta
an create an
the same am
ebruary 24, 2
the Inspecto
ment to “exa
these price in
ams.”22 On A
ntative Cum
eneric drug p
n R. Fox, Pharmectives from thgov/imo/media
Bernard Sandete.gov/downloa
Daniel Levinste.gov/downloa
to attend the
ous generic d
ressional hea
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April 13, 201
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ers and Elijah Cad/sanders-cum
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- 33 -
e hearing, no
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ruary 2016. A
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deleterious e
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o price increa
or Sanders an
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ve had on ge
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ter, stating th
ses under the
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Cummings to Hmmings-letter?
rnard Sanders o-sen-sanders-4
one appeared
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At the U.S. S
rmD Directo
effect these d
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eneric drug s
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Hon. Daniel Leinline=file.
(Apr. 13, 20154-13-2015?inli
d. Many pan
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Senate Spec
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drug prices h
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nts. If hospita
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ntative Cumm
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spending wit
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5), ine=file.
nelists agreed
kes observed
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ial Committ
ug Informati
have had on
npredictable
als cannot af
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mings wrote
man Services
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thin the Med
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o update our
program.”23
dden Price Spik
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fford
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kes in
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 33 of 54
B
1
enforcem
manufact
generic d
1
generic d
sweeping
companie
agencies,
could be
1
of Pennsy
fines and
analysts h
1
state anti
1
subpoena
a contrac
24 EriFiercePharto-sizable-
B. FederPricin
Gener14.
ment authorit
turers have r
drugs, as wel
Initial15.
drugs: digoxi
g nature of th
es are under
, the DOJ’s i
filed by the
A fede16.
ylvania. The
d criminal ple
have estimat
To da17.
itrust probes
Lanne18.
as from the C
ct, combinati
ic Saonowsky, rma (Nov. 10, 2liabilities-analy
ral and Statng
ric pricing pa
ties in the Un
received sub
ll as their co
l reports sug
in and doxyc
he DOJ’s inv
criminal inv
investigation
end of 2016
eral grand ju
e result of th
eas for gene
ted that the D
te, the gener
include:
ett. In July 2
CTAG in con
ion or consp
DOJ’s price-fi2016), http://wyst-says.
te Antitrust
atterns have
nited States.
bpoenas or re
mmunicatio
gest that, at
cycline. How
vestigation:
vestigation. I
n has progre
6.
ury investiga
ese investiga
ric manufact
DOJ could im
ric drug com
2014, Lannet
nnection wit
iracy in restr
fixing investigawww.fiercephar
- 34 -
Investigatio
also capture
Many Defen
equests for in
ns with their
the beginnin
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at least two-
Indeed, acco
ssed to such
ating the mat
ations could
turers, and j
mpose fines
mpanies conta
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th its investi
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ons into Def
ed the attenti
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nformation c
r competitor
ng, the probe
nt news repor
-dozen drugs
ording to Blo
h a degree tha
tter is empan
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ail time for c
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fendants’ G
ion of federa
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concerning t
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oomberg and
at the first cr
neled in the
e imposition
company ex
f $1 billion.2
nnection with
gs that they h
whether “any
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Generic Dru
al and state
c drug
their pricing
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used on two
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n drug
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riminal char
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n of substanti
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24
h both federa
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as the effect
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 34 of 54
(i) fixing
or territo
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ury subpoena
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, and employ
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nnett SEC Formw.sec.gov/Arch
ng or controll
to the sale o
nformation a
persons at L
bility related
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y, to increas
s or any othe
f Digoxin”; a
e antitrust law
months later,
arketing exec
of the gener
ecember 5, 2
a related to t
stry into pos
equests corpo
yee informat
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m/news/lannett-r
stice Departme
m 8-K (Dec. 5,hives/edgar/dat
ling prices o
of digoxin in
and documen
Lannett with
to the pricin
communicat
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er documents
and (4) the i
ws.”
, on Novemb
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2014, Lannet
the continuin
sible violatio
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tion, commu
ceives Subpoene+News/Impax Inquiry from Creceives-inquir
ent Probes Gen
, 2014), ta/57725/00011
- 35 -
of digoxin or
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nts sought by
any supervi
ng or sale of
tions referrin
of Digoxin”;
s relating to
identification
ber 10, 2014
erved with a
into possible
tt disclosed
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ons of the Sh
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neric Compani
104659140854
r (ii) allocati
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ng or relating
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he Company
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ies After Price
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ing and divid
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y relating to c
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ding custome
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ena “relating
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ceived anoth
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corporate,
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 35 of 54
regarding
certain pr
requested
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federal g
correspon
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medicatio
28 Id.
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to the [DOJ
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ng Impax’s s
customers or
rand jury su
ndence with
as was not li
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ons. In partic
nnett SEC Formw.sec.gov/Arc
pax SEC Formw.sec.gov/Arc
generic pres
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Company in
].”29
x. In July 20
sales of gene
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bpoena requ
any compet
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, Impax furth
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cular the Jus
m 10-Q (Nov. chives/edgar/da
m 8-K (Nov. 6, chives/edgar/da
scription me
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ments for the
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014, Impax d
eric digoxin
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titor about th
articular dru
her disclosed
stice Departm
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4, 2016), ata/57725/0001
2014), ata/1003642/00
- 36 -
edications, an
annett further
e period 2005
the CTAG “i
n access to d
disclosed tha
and whether
er 2014, Imp
mony and do
he sale of gen
ug or a partic
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110465916154
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nd the marke
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cular timefra
arch 13, 2015
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924/a16-19144
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eting, sale, o
that the feder
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with others to
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out “any com
”30 The scop
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neric prescrip
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4_110q.htm.
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or pricing of
ral subpoena
subpoenas w
nd a subpoen
s previously
a from the CT
o fix prices o
o received a
mmunication
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pany receive
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ption
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as
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and
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 36 of 54
generic m
calcipotr
1
for 2014,
to comm
Lanoxin®
filing Par
documen
generic v
response
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received
subpoena
Company
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from DO
Doxycyc
received
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medications:
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r revealed th
nts related to
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on October
Actav26.
subpoenas f
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y’s generic p
Mylan27.
OJ “seeking i
cline product
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pax, SEC 2015
r Pharmaceutic
lergan, SEC 20
ylan, SEC 2015
digoxin, ter
solution.”31
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ed that it had
with competi
oral tablets a
hat the CTAG
our agreem
ovis’s Lanox
28, 2014.
vis. Actavis’s
from DOJ. A
“seeking inf
products and
n. Mylan sim
nformation r
ts and any co
bpoena from
5 Form 10-K, a
cals Companies
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rbutaline sul
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and our gene
G served a su
ment with Cov
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Allergan repo
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s, Inc., SEC 20
K, at F-106.
at 160.
- 37 -
fate tablets,
probe contin
subpoena fr
ng our autho
eric doxycyc
ubpoena on
vis Pharma S
in) oral table
ergan plc als
orted that, on
lating to the
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he marketing
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, seeking “in
014 Form 10-K
prilocaine/li
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orized generi
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ets.”33 Par st
o disclosed
n June 25, 20
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16 SEC filin
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mpetitors abo
nformation r
K, at 37. Covis
idocaine cre
and. In an SE
equesting do
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cts.”32 Moreo
ust 6, 2014 “
stribute an au
tated that it c
in public fili
015, Actavis
and pricing o
about such p
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out such pro
relating to th
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am, and
EC Form 10-
ocuments rel
f Covis’s
over, in that
“requesting
uthorized
completed it
ings that the
s received a
of certain of
products.”34
eived a subp
ur generic
oducts.”35 My
he marketing
als received a s
-K
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same
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poena
ylan
,
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 37 of 54
pricing a
commun
1
subpoena
informati
metformi
about suc
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from DO
the Unite
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nd sale of ce
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ion relating t
in, Proprano
ch products.”
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nt escalation
monstrate “pr
Sun. O30.
OJ “seeking i
ed States.”39
ications with
Dr. R31.
at it had rece
ylan SEC Form.shareholder.co
&docid=116784
dia’s Sun Pharmune.com/2016/0
ertain of the
h competitor
recently, on
and certain em
to the marke
olol and Vera
”37
ficantly, My
tion with DO
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robable caus
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nformation a
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h competitor
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ma Gets U.S. S05/28/sun-phar
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apamil produ
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May 28, 20
about the pri
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rs.”40
or about Aug
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Nov. 10, 2016)Content.aspx?c
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- 38 -
generic pro
h products.”3
10, 2016, M
nd senior ma
g and sale of
ucts and any
closed that “
gation.38 The
tion because
16, Sun disc
icing and ma
ments related
gust 11, 2016
he DOJ on Ju
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r Generic Druge-subpoena.
ducts (includ
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Mylan disclos
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y communica
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e to obtain a
closed that it
arketing of t
d to “employ
6, Dr. Reddy
uly 6, 2016,
BEA-582E80BDD42
gs Pricing, Fort
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sed that DOJ
seeking addi
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ations with c
arch warrant
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215D11A4040
tune (May 28,
ycline) and
J issued a
itional
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competitors
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Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 38 of 54
relating t
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or officers in
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ting, pricing
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olations.”44
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g and sale of
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eeking docum
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f certain . . . g
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eport, Mayn
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c drugs.”42 In
subpoena fro
va disclosed
sion of the U
lating to the
s with comp
2016, “Teva
ments and ot
Taro disclos
m, “received
tp://ir.tevapharXJkLmNvbS9mElPTl9FTlRJU
generic prod
41 In that sam
G concerning
ne Pharma Lt
ve a subpoen
wo years seek
n the same A
om the CTA
d that “[o]n Ju
United States
marketing a
petitors abou
USA receiv
ther informa
sed that on S
d grand jury
rm.com/phoenimaWxpbmcue
UkUmc3Vic2lk
ducts and any
me filing, Dr
g the same m
td. disclosed
na form the A
king informa
Annual Repo
AG seeking s
une 21, 2015
s Departmen
and pricing o
ut such produ
ved a subpoe
ation relating
September 8
subpoenas f
ix.zhtml?c=739eG1sP2lwYWdkPTU3.
y
r. Reddy’s
matters.
d that it was
Antitrust
ation relating
ort, Mayne
imilar
5, Teva USA
nt of Justice
of certain of
ucts.”43 In th
ena from the
g to potential
, 2016, it an
from the Uni
925&p=irol-dlPTExMDcyO
“one
g to
A
Teva
hat
l
nd
ited
ODU1
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 39 of 54
States De
employee
competit
related m
1
subject to
the Zydu
is being i
1
amounts
these pur
prices pa
have paid
1
damage t
45 TarSECText&wJkRTRV
46 Ruphttp://timescos/articles
47 Hilhttp://www
epartment of
e records, ge
ors and othe
matters.”45
Zydus35.
o reporting r
us is also a ta
investigated
Durin36.
of pravastat
rchasers hav
aid were subs
d absent the
As a c37.
to their busin
ro, SEC Form &TEXT=aHR0cVE9MCZTRVE
pali Mukherjeesofindia.indiatishow/5530106
llary win may pw.firstpost.com
f Justice, An
eneric pharm
ers regarding
s. Although Z
requirements
arget of the D
in connectio
ng the relevan
tin indirectly
e paid, and c
stantially hig
illegal cond
consequence
ness and pro
6-K (Sept. 9, 2cDovL2FwaS5
E9MCZTUURF
el, US polls, primes.com/busi0.cms.
pose pricing chm/world/hillary-
ntitrust Divis
maceutical pr
g the sale of g
Zydus is not
s under feder
DOJ’s sweep
on with its m
ANTITR
nt period, Pl
y from Defen
continue to p
gher than the
duct alleged i
e, purchasers
operty in the
2016), http://ph50ZW5rd2l6YXFU0M9U0VDV
ricing pressureiness/india-bus
hallenges for p-win-may-pose
- 40 -
sion, seeking
roducts and p
generic phar
t publicly tra
ral securities
ping investig
marketing an
RUST IMPA
laintiff and C
ndants. As a
pay, artificia
e prices that
in this Comp
s of pravasta
form of ove
hx.corporate-ir.XJkLmNvbS9mVElPTl9FTlRJ
e may hit Indiainess/US-polls
pharma cos: Ree-pricing-challe
g documents
pricing, com
rmaceutical
aded in the U
s laws, recen
gation.46 Acc
nd sale of div
ACT
Class Memb
result of De
ally inflated p
Plaintiff and
plaint.
atin have sust
ercharges—a
.net/phoenix.zhmaWxpbmcueJUkUmc3Vic2
an pharma cos,s-pricing-press
eport, F. Worldenges-for-phar
relating to c
mmunication
products, an
United States
nt press repo
cording to on
valproex ER
ers purchase
efendants’ ill
prices for pr
d Class Mem
tained subst
and their loss
html?c=11469eG1sP2lwYWd2lkPTU3.
, The Times of sure-may-hit-In
d (Nov. 7, 2016rma-cos-report
corporate an
s with
nd certain oth
s and thus no
orts have stat
ne article, Zy
.47
ed substantia
legal conduc
ravastatin. Th
mbers would
antial losses
ses continue
8&p=irol-dlPTExMTM0
f India, ndian-pharma-
6), t-3093544.html
d
her
ot
ted
ydus
al
ct,
he
d
s and
e to
MjU
l.
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 40 of 54
date. The
discovery
1
substanti
1
substanti
state and
had subst
consume
for prava
14
forms of
commerc
14
generally
that “[e]v
price at th
overchar
14
industry
48 See
49 Id.
e full amoun
y and upon p
Defen38.
ially affected
At all 39.
ial amounts o
d national lin
tantial intras
rs and third-
astatin.
At all 40.
business com
ce across stat
Econo41.
y results in h
very person a
he top. 48 He
ge that a firm
The in42.
ensures that
e Herbert Hove
nts, forms, an
proof at trial
ndants’ effor
d interstate c
material tim
of pravastati
es and throu
state effects
-party payor
times, Defe
mmunication
te and nation
omists recog
higher prices
at every stag
e also says th
m at one dist
nstitutional s
overcharges
enkamp, Feder
nd componen
.
rts to restrain
commerce—
mes, Defenda
in in a contin
ughout the U
in every stat
s within each
ndants trans
ns and trans
nal lines in c
gnize that any
at every lev
ge in the cha
hat “[t]heore
tribution lev
structure of p
s at the high
ral Antitrust Po
- 41 -
nts of such d
n competition
—and continue
ants manufac
nuous and un
United States
te of purchas
h state were
smitted funds
actions in a
connection w
y overcharge
vel below. Pr
ain will be po
etically, one
vel will pass
pricing and r
er level of d
olicy: The Law
damages will
n in the mar
e to do so.
ctured, prom
ninterrupted
. Defendants
se because, a
forced to pa
s and contra
continuous a
with the sale
e at a higher
rofessor Her
oorer” as a r
can calculat
on to those a
regulation in
distribution a
w of Competitio
l be calculat
rkets for prav
moted, distrib
d flow of com
s’ anticompe
among other
ay supracom
acts, invoices
and uninterr
of pravastat
r level of dis
rbert Hovenk
result of the a
te the percen
at the next le
n the pharma
are passed on
on and Its Prac
ted after
vastatin have
buted, and so
mmerce acro
etitive condu
r things,
mpetitive pric
s, and other
rupted flow o
tin.
tribution
kamp explain
anticompetit
ntage of any
evel.”49
aceutical dru
n to end-pay
ctice, at 564 (19
e
old
ss
uct
ces
of
ns
tive
ug
yors.
994).
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 41 of 54
Wholesa
Members
14
and third
absent D
14
anticomp
14
and conti
Defendan
14
on behalf
injunctiv
14
(b)(3), on
arising fr
lers and reta
s.
Defen43.
d-party payor
efendants’ u
The p44.
petitive cond
The in45.
inue to pay,
nts.
Plaint46.
f of themselv
ve and equita
The IAll peindireor all consuinsureOctobantico
Plaint47.
n behalf of th
rom Defenda
ailers passed
ndants’ antic
rs prices in e
unlawful acti
rices were in
duct.
nflated price
are traceable
tiff brings th
ves and a na
able relief:
njunctive Cersons or entctly purchasof the purch
umption by iteds, participaber 1, 2013 thompetitive ef
tiff also bring
hemselves an
ants’ conduc
on the inflat
ompetitive c
excess of wh
ions.
nflated as a d
es that Plaint
e to and the
CLASS A
is action as a
ationwide cla
Class: tities in the Used, paid, andhase price fortself, its famants, or benehrough and iffects of Def
gs this action
nd a class of
ct as describe
- 42 -
ted prices of
conduct enab
hat they othe
direct and fo
iff and Class
foreseeable
ALLEGATI
a class action
ass of similar
United Statesd provided rr pravastatin
milies, or its meficiaries, froincluding thfendants’ un
n as a class a
f similarly si
ed below:
f pravastatin
bled Defend
erwise would
oreseeable re
s Members h
result of, the
IONS
n, under Fed
rly situated i
s and its terrreimbursemen, other than members, emom at least ae date that th
nlawful cond
action, unde
ituated indiv
n to Plaintiff
dants to charg
d have been
esult of Defe
have paid fo
e overcharge
d. R. Civ. P.
individuals s
ritories who ent for somefor resale, f
mployees, as early as he
duct ceased.
er Fed. R. Civ
viduals seeki
and Class
ge consumer
able to charg
endants’
r pravastatin
es caused by
23(a) and (b
seeking
e for
v. P. 23(a) a
ing damages
rs
ge
n,
y
b)(2),
and
s
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 42 of 54
14
Classes:
em
b
re
an
m
fo
fa
The DAll peprovidpravasfamilibenefiincludunlawcommFloridMinneYork,Dakotthe Di
The fo48.
mployees, su
enefit plans;
esale or direc
nother third-
members);
or brand and
amilies.
Damages Clersons or entded reimbursstatin, other ies, or its meficiaries, fromding the date
wful conduct monwealths, da, Hawaii, Iesota, Missis North Carota, Tennesseistrict of Col
ollowing per
(a) De
ubsidiaries, o
(b) All
;
(c) All
ctly from De
(d) Fu
-party payor
(e) Fla
d generic dru
(f) Th
ass: tities who insement for sthan for resa
embers, empm at least as e that the ant
ceased, in aand territori
Iowa, Kansasssippi, Nebralina, North D
ee, Utah, Verlumbia.
rsons and en
efendants and
or affiliates;
l governmen
l persons or
efendants or
lly-insured h
covering 10
at co-payers
ugs); and
he judges in t
- 43 -
directly purcome or all oale, for consloyees, insuearly as Oct
ticompetitiveany of the foles: Alabamas, Massachuaska, NevadDakota, Oregrmont, West
ntities are exc
d their couns
ntal entities,
entities who
their affiliat
health plans
00% of the p
(consumers
this case and
chased, paidof the purchasumption by ureds, participtober 1, 2013e effects of Dllowing statea, Arizona, Cusetts, Maineda, New Mexgon, Rhode t Virginia, W
cluded from
sel, officers,
except for g
o purchased p
tes;
(plans that p
plan’s reimbu
who paid th
d any membe
d, and ase price for itself, its pants, or 3 through anDefendants’ es, California, e, Michigan, xico, New Island, Sout
Wisconsin, an
m the above-d
, directors, m
government-f
pravastatin f
purchased in
ursement ob
he same co-p
ers of their i
nd
th nd
described
management,
funded empl
for purposes
nsurance from
bligations to
payment amo
mmediate
,
loyee
s of
m
its
ount
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 43 of 54
14
believes
1
and mem
they paid
and conti
1
Classes.
the Class
1
action an
pharmace
1
over que
acted on
Class.
1
th
w
Memb49.
that there ar
Plaint50.
mbers of the C
d artificially
inue to do so
Plaint51.
Plaintiff’s in
ses.
Plaint52.
ntitrust litigat
eutical produ
Quest53.
stions that m
grounds gen
Quest54.
he prices of p
with respect t
bers of the C
re thousands
tiff’s claims
Classes were
inflated pric
o.
tiff will fairly
nterests are c
tiff is represe
tion, and wit
ucts.
tions of law a
may affect on
nerally appli
tions of law a
(a) the
(b) wh
pravastatin;
(c) wh
to pravastatin
Classes are so
of members
are typical o
e damaged b
ces for prava
y and adequ
coincident w
ented by cou
th experienc
and fact com
nly individua
cable to each
and fact com
e identity of
hether Defen
hether Defen
n;
- 44 -
o numerous
s of each cla
of the claims
by the same w
astatin as a re
ately protect
with, and not
unsel with ex
ce in class ac
mmon to the
al members o
h member of
mmon to mem
the participa
ndants consp
ndants consp
that joinder
ss.
s of the mem
wrongful co
esult of Defe
t and represe
antagonistic
xperience in
ction antitrus
members of
of the Classe
f the Injunct
mbers of bot
ants in the co
ired to fix, r
ired to alloc
is impractic
mbers of the C
nduct by De
endants’ wro
ent the intere
c to, those of
the prosecut
st litigation i
f the Classes
es because D
tive Class an
th Classes in
onspiracy;
raise, mainta
cate markets
cable. Plainti
Classes. Plai
efendants in
ongful condu
ests of the
f the membe
tion of class
involving
s predominat
Defendants h
nd Damages
nclude:
ain, and stabi
or customer
iff
intiff
that
uct—
ers of
s
te
have
ilize
rs
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 44 of 54
pr
af
in
ov
C
re
1
of the con
geograph
simultane
expense t
the class
redress o
potential
1
preclude
ravastatin m
ffected inter
njury to the b
vercharges;
Classes in the
estraint and t
Class 55.
ntroversy. S
hically dispe
eously, effic
that numerou
mechanism,
on claims tha
difficulties
Plaint56.
its maintena
(d) wh
market;
(e) wh
rstate and int
(f) wh
business or p
(g) the
e aggregate;
(h) the
to restore co
action treatm
uch treatmen
rsed persons
ciently, and w
us individua
, including p
at could not p
in managem
tiff knows of
ance as a cla
hether Defen
hether Defen
trastate comm
hether, and to
property of P
e amount of o
and
e injunctive a
ompetition in
ment is a sup
nt will perm
s or entities t
without the u
al actions wo
providing inj
practicably b
ment of this c
f no special d
ass action.
- 45 -
ndants’ condu
ndants’ activi
merce;
o what exten
Plaintiff and
overcharges
and other eq
n the pravast
perior metho
mit a large nu
to prosecute
unnecessary
ould engende
jured person
be pursued in
class action.
difficulty to
uct harmed c
ities alleged
nt, Defendan
members of
s paid by Pla
quitable relie
tatin market.
od for the fai
umber of sim
their comm
duplication
er. The bene
ns or entities
ndividually,
be encounte
competition
d herein have
nts’ conduct
f the Classes
aintiff and m
ef needed to
.
ir and efficie
milarly situate
mon claims in
of evidence
efits of proce
a method fo
substantiall
ered in this a
in the
e substantiall
caused antit
s in the natur
members of th
end Defenda
ent adjudicat
ed,
n a single for
e, effort, or
eeding throu
or obtaining
ly outweighs
action that w
ly
trust
re of
he
ants’
tion
rum
gh
s any
would
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 45 of 54
1
1
anticomp
markets a
1
Injunctiv
1
market al
Sherman
combined
result of
artificiall
1
suffer ha
Defendan
Injunctiv
alleged in
1
pravastat
(By Plai
Plaint57.
Defen58.
petitive schem
and custome
Had D59.
ve Class Mem
Defen60.
llocation of
n Act. By the
d in an unrea
this unreaso
ly inflated pr
Plaint61.
rm, as a resu
nts’ anticom
ve Class Mem
n this Comp
Plaint62.
tin indirectly
F
Violatiintiff and In
tiff incorpora
ndants knowi
me to fix, ra
ers for prava
Defendants c
mbers would
ndants intend
the markets
eir agreemen
asonable res
onable restrai
rices for prav
tiff and Injun
ult of paying
mpetitive con
mbers also fa
laint.
tiff and Injun
y from Defen
CLAIMS
FIRST CLA
ion of Shermnjunctive Cl
ates the prec
ingly, intent
aise, maintain
statin—and
competed ins
d have paid s
ded, and acco
for pravasta
nt, Defendant
traint of trad
int on compe
vastatin—an
nctive Class
g higher price
duct and con
ace a continu
nctive Class
ndants.
- 46 -
S FOR REL
AIM FOR R
man Act § 1lass Membe
ceding parag
tionally, and
n, and stabil
continue to
stead of cons
substantially
omplished, a
atin, which a
ts intentiona
de in violatio
etition, Plain
nd continue t
Members ha
es for pravas
ntinuing anti
uing threat o
Members ha
LIEF
RELIEF
1, 15 U.S.C. ers Against A
graphs by ref
d cooperative
lize the price
do so.
spiring to re
y lower price
a price-fixin
are per se vio
ally and wron
on of Section
ntiff and Inju
to do so.
ave suffered
statin than th
icompetitive
of injury from
ave purchase
§ 1 All Defenda
ference.
ely engaged
es of pravast
strain trade,
es for pravas
ng conspiracy
olations of S
ngfully cons
n 1 of the Sh
unctive Clas
d harm, and a
hey would h
e agreements
m the unlaw
ed substantia
ants)
in an
tatin, and allo
Plaintiff and
tatin.
y and horizo
Section 1 of t
spired and
herman Act.
ss Members p
are continuin
have absent
s. Plaintiff an
wful conduct
al amounts o
ocate
d
ontal
the
As a
paid
ng to
nd
of
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 46 of 54
1
Federal R
Section 1
1
including
other app
unlawful
does not
1
1
anticomp
markets a
1
the mann
1
relevant m
1
agreemen
laws.
Plaint63.
Rule of Civil
1 of the Sher
Plaint64.
g disgorgeme
plicable law,
l conduct, an
reoccur in th
(By Pla
Plaint65.
Defen66.
petitive schem
and custome
Defen67.
ner explained
Defen68.
market to ha
Defen69.
nts between
tiff and Injun
l Procedure
rman Act.
tiff and Injun
ent of profit
, to correct fo
nd other relie
he future.
SE
aintiff and D
tiff incorpora
ndants knowi
me to fix, ra
ers for prava
ndants’ unlaw
d above.
ndants’ unlaw
arm competit
ndants’ actio
actual and p
nctive Class
57 and 28 U
nctive Class
s, pursuant t
for the antico
ef to ensure t
ECOND CL
State AntDamages Cla
ates the prec
ingly, intent
aise, maintain
statin —and
wful conduct
wful conduct
tion.
ns constitute
potential com
- 47 -
Members se
U.S.C. § 2201
Members al
to Section 16
ompetitive m
that the same
LAIM FOR
titrust Violaass Member
ceding parag
tionally, and
n, and stabil
d continue to
t harmed Pla
t covered a s
e horizontal
mpetitors and
eek a declara
1(a) that Def
lso seek equi
6 of the Clay
market effect
e or similar
R RELIEF
ations rs Against A
graphs by ref
d cooperative
lize the price
o do so.
aintiff and D
sufficiently s
market alloc
d are illegal p
atory judgme
fendants’ co
itable and in
yton Act, 15
s caused by
anticompetit
All Defenda
ference.
ely engaged
es of pravast
Damages Cla
substantial p
cation and pr
per se under
ent pursuant
nduct violat
njunctive reli
U.S.C. § 26
Defendants’
tive conduct
ants)
in an
tatin and allo
ass Members
percentage o
rice-fixing
r state antitru
t to
tes
ief,
6, and
’
t
ocate
s in
f the
ust
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 47 of 54
1
of the sta
supracom
to do so.
1
m
A
se
th
by
m
m
K
M
Defen70.
ates listed be
mpetitively p
Defen71.
members of th
Arizona by m
eq., with resp
he District of
y members o
members of th
members of th
Kansas by me
Massachusett
ndants’ supra
elow in that e
priced pravas
ndants’ cond
(a) Ala
he Damages
(b) Ar
members of th
(c) Ca
pect to purch
(d) D.C
f Columbia b
(e) Fla
of the Dama
(f) Ha
he Damages
(g) Iow
he Damages
(h) Ka
embers of th
(i) Ma
ts by membe
acompetitive
each purchas
statin caused
duct violated
a. Code § 6-
s Class;
iz. Rev. Stat
he Damages
al. Bus. Code
hases in Cal
C. Code Ann
by members
a. Stat. §§ 50
ages Class;
awaii Code §
s Class;
wa Code §§
s Class;
an. Stat. Ann
he Damages
ass. Gen. L.
ers of the Da
- 48 -
e pricing con
se by Plainti
d injury to th
the followin
-5-60, with r
t. §§ 44-140
s Class;
e §§ 16700, e
ifornia by m
n. §§ 28-450
s of the Dam
01.201, et se
§ 480, et seq.
553 et seq.,
n. §§ 50-101,
Class;
Ch. 93A, et
amages Class
nstitute a con
iff or a mem
heir business
ng state laws
respect to pu
1, et seq., wi
et seq., and C
members of th
01, et seq., w
mages Class;
eq., with resp
., with respe
with respect
, et seq., wit
seq., with re
s;
ntinuing viol
mber of the D
s or property
s:
urchases in A
ith respect to
Cal. Bus. Co
he Damages
with respect t
pect to purch
ect to purcha
t to purchase
th respect to
espect to pur
lation of the
Damages Clas
y—and contin
Alabama by
o purchases
ode §§ 1720
s Class;
to purchases
hases in Flor
ases in Hawa
es in Iowa by
purchases in
rchases in
laws
ss of
nue
in
0, et
s in
rida
aii by
y
n
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 48 of 54
- 49 -
(j) Me. Rev. Stat. Ann. 10, §§ 1101, et seq., with respect to purchases
in Maine by members of the Damages Class;
(k) Mich. Comp. Laws Ann. §§ 445.772, et seq., with respect to
purchases in Michigan by members of the Damages Class;
(l) Minn. Stat. §§ 325D.49, et seq., with respect to purchases in
Minnesota by members of the Damages Class;
(m) Miss. Code Ann. §§ 75-21-1, et seq., with respect to purchases in
Mississippi by members of the Damages Class;
(n) Neb. Code Ann. §§ 59-801, et seq., with respect to purchases in
Nebraska by members of the Damages Class;
(o) Nev. Rev. Stat. Ann. §§ 598A, et seq., with respect to purchases in
Nevada by members of the Damages Class;
(p) N.M. Stat. Ann. §§ 57-1-1, et seq., with respect to purchases in
New Mexico by members of the Damages Class;
(q) N.Y. Gen. Bus. L. §§ 340, et seq., with respect to purchases in
New York by members of the Damages Class;
(r) N.C. Gen. Stat. §§ 75-1, et seq., with respect to purchases in North
Carolina by members of the Damages Class;
(s) N.D. Cent. Code §§ 51-08.1-01, et seq., with respect to purchases
in North Dakota by members of the Damages Class;
(t) Or. Rev. Stat. §§ 6.46.705, et seq., with respect to purchases in
Oregon by members of the Damages Class;
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 49 of 54
R
pu
in
in
V
V
W
1
their busi
denied fr
paying hi
wrongful
prevent,
1
permitted
conduct.
Rhode Island
urchases in S
n Tennessee
n Utah by me
Vermont by m
Virginia by m
Wisconsin by
Plaint72.
iness or prop
ree and open
igher prices
l conduct. Th
and flow fro
Plaint73.
d by law for
(u) R.I
d by member
(v) S.D
South Dakot
(w) Ten
by members
(x) Uta
embers of th
(y) Vt
members of t
(z) W.
members of t
(aa) Wi
y members o
tiff and Dam
perty by Def
n competition
for pravasta
hese injuries
om that whic
tiff and Dam
the injuries
I. Gen. Laws
rs of the Dam
D. Codified L
ta by membe
nn. Code An
s of the Dam
ah Code Ann
he Damages
. Stat. Ann. 9
the Damage
.Va. Code §§
the Damages
is. Stat. §§ 1
of the Damag
mages Class M
fendants’ ant
n between co
atin than they
s are of the ty
ch makes De
mages Class M
they suffere
- 50 -
s §§ 6-36-1 e
mages Class;
Laws Ann. §
ers of the Da
nn. §§ 47-25
mages Class;
n. §§ 76-10-
Class;
9, §§ 2453, e
s Class;
§ 47-18-3, e
s Class; and
33.03, et seq
ges Class.
Members hav
titrust violat
ompetitors in
y would hav
ype the abov
efendants’ co
Members see
ed as a result
et seq., with
;
§§ 37-1, et s
amages Clas
5-101, et seq
-3101, et seq
et seq., with
t seq., with r
q., with resp
ave been and
tions. Their i
n the market
ve paid in the
ve antitrust l
onduct unlaw
ek damages
t of Defenda
respect to p
seq., with res
ss;
q., with respe
q., with respe
h respect to p
respect to pu
pect to purch
d continue to
injuries cons
ts for pravas
e absence of
laws were de
wful.
and multiple
ants’ anticom
purchases in
spect to
ect to purcha
ect to purcha
purchases in
urchases in W
hases in
be injured i
sist of: (1) be
statin; and (2
f Defendants
esigned to
e damages a
mpetitive
ases
ases
West
in
eing
2)
’
as
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 50 of 54
1
and Dam
1
practices
1
1
in this Co
1
of pravas
1
Members
1
economic
to the eco
1
from any
considera
Damages
1
any reme
Defen74.
mages Class M
Defen75.
in violation
(By Pla
Plaint76.
To the77.
omplaint.
Defen78.
statin made p
Defen79.
s’ overpaym
Plaint80.
c benefit upo
onomic detri
It wou81.
y party with w
ation to anyo
s Class Mem
It wou82.
edy against t
ndants are jo
Members.
ndants have e
n of the abov
T
aintiff and D
tiff incorpora
e extent requ
ndants have b
possible by t
ndants’ finan
ments for prav
tiff and Dam
on Defendan
iment of Pla
uld be futile
whom they h
one for any o
mbers.
uld be futile
he immediat
intly and sev
engaged in u
ve-listed state
THIRD CLA
UnjusDamages Cla
ates the prec
uired, this cla
benefited an
the unlawful
ncial benefits
vastatin.
mages Class M
nts in the nat
aintiff and Da
for Plaintiff
had or have
of the benefi
for Plaintiff
te intermedia
- 51 -
verally liable
unfair compe
e antitrust la
AIM FOR R
st Enrichmeass Member
ceding parag
aim is plead
nd continue t
l and inequit
s are traceab
Members hav
ture of profit
amages Clas
f and Damag
privity of co
its they recei
f and Damag
ary in the ch
e for all dam
etition or unf
aws.
RELIEF
ent rs Against A
graphs by ref
ded in the alte
o benefit fro
table acts all
ble to Plaintif
ave conferred
ts resulting f
ss Members.
ges Class Me
ontract. Defe
ived indirect
ges Class Me
hain of distri
mages suffere
fair or decep
All Defenda
ference.
ernative to th
om the overc
leged in this
ff’s and Dam
d and continu
from unlawf
.
embers to se
endants have
tly from Plai
embers to se
ibution from
ed by Plainti
ptive acts or
ants)
he other clai
charges on sa
Complaint.
mages Class
ue to confer
ful overcharg
ek a remedy
e paid no
intiff and
ek to exhaus
m which they
iff
ims
ales
an
ges,
y
st
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 51 of 54
indirectly
Plaintiff
1
artificiall
practices
1
Damages
Defendan
1
of the sta
overchar
Defendan
1
Plaintiff
1
they rece
1
Defendan
1
A
judgment
y purchased
and Damage
The ec83.
ly inflated pr
.
The fi84.
s Class Mem
nts’ benefit.
It wou85.
ates in the Un
ges Plaintiff
nts’ unfair an
Defen86.
and the Dam
Defen87.
eived in a com
A con88.
nts received
Plaint89.
Accordingly,
t that:
pravastatin,
es Class Mem
conomic ben
rices for prav
inancial bene
mbers, who p
uld be inequi
nited States
f and Damag
nd unconscio
ndants are aw
mages Class.
ndants should
mmon fund
nstructive tru
that are trac
tiff and Dam
Plaintiff, on
as those inte
mbers for De
nefit Defend
vastatin is a
efits Defend
paid, and con
itable under
and the Dist
ges Class Me
onable meth
ware of and a
d be compel
for the bene
ust should be
ceable to Pla
mages Class M
DEMAND
n its own beh
- 52 -
ermediaries
efendants’ u
dants derived
direct and p
dants derived
ntinue to pay
unjust enric
trict of Colum
embers paid
hods, acts, an
appreciate th
led to disgor
efit of Plainti
e imposed up
intiff and Da
Members hav
FOR JUDG
half and on b
are not liabl
unlawful con
d from charg
proximate re
d rightfully b
y, anticompe
chment princ
mbia for De
for pravasta
nd trade prac
he benefits b
rge all unlaw
iff and Dam
pon all unlaw
amages Clas
ave no adequ
GMENT
behalf of the
le and would
nduct.
ging monopo
sult of Defen
belong to Pla
etitive prices
ciples under
efendants to r
atin that were
ctices.
bestowed upo
wful or inequ
ages Class M
wful or inequ
ss Members.
uate remedy
e proposed C
d not compen
olistic and
ndants’ unla
aintiff and
that inured
the laws of
retain any of
e derived fro
on them by
uitable proce
Members.
uitable sums
.
at law.
Classes, dem
nsate
awful
to
each
f the
om
eeds
s
ands
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 52 of 54
- 53 -
A. Determines that this case may be maintained as a class action pursuant to Federal
Rule of Civil Procedure 23(a), (b)(2), and (b)(3), directs that reasonable notice of this case be
given to members of the Classes under Rule 23(c)(2), and declares that Plaintiff is a proper
representative of the Classes;
B. Declares that Defendants’ conduct violated Section 1 of the Sherman Act, the
other state statutes set forth above, and the common law of unjust enrichment;
C. Enjoins Defendants from continuing their illegal activities;
D. Enters judgment against Defendants joint and severally and in favor of Plaintiff
and the Classes;
E. Grants Plaintiff and the Injunctive Class equitable relief in the nature of
disgorgement, restitution, and the creation of a constructive trust to remedy Defendants’ unjust
enrichment;
F. Awards the Plaintiff and the Damages Class damages and, where applicable,
treble, multiple, punitive, and other damages, in an amount to be determined at trial, including
interest;
G. Awards Plaintiff and the Classes their costs of suit, including reasonable
attorneys’ fees as provided by law; and
H. Grants further relief as necessary to correct for the anticompetitive market effects
caused by Defendants’ unlawful conduct, as the Court deems just.
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 53 of 54
Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 54 of 54