In re: Generic Pharmaceuticals Pricing Antitrust Litigation, MDL No. 2724 (U.S. District Court for the Eastern District of Pennsylvania)
CGL has been appointed Lead Counsel in this price-fixing case that state enforcers have described as a “massive conspiracy” that “could be the largest cartel case in the history of the United States.” The Court appointed CGL to represent independent pharmacies bringing antitrust and price gouging and consumer protection claims against 28 generic drug manufacturers who participated in an illegal agreement to fix prices, rig bids, and allocate customers for more than 30 generic drugs, including Pravastatin and Levothyroxine. Two executives have already pleaded guilty to criminal violations of the antitrust laws. These corporate crimes resulted in huge increases in the costs of decades-old drugs. Independent pharmacies lost millions of dollars as they were forced to pay illegally inflated prices to secure drugs for their patients and then dispensed those drugs at a loss. In October 2018, CGL defeated the defendant manufacturers’ attempts to dismiss parts of the case, and the Court ruled that CGL’s clients and other plaintiffs had sufficiently alleged a price-fixing conspiracy on the drugs in question. In November 2018, the Court denied several motions by defendants and ruled that CGL’s clients and other plaintiffs could continue to cooperate with State Attorneys General in the investigation and litigation. The Department of Justice is pursuing parallel criminal cases.