State AGs Oppose Pfizer’s Attempt to Exit Generic Price-Fixing Litigation


On January 28, 2020, attorneys general for more than 40 states opposed defendant Pfizer Inc.’s motion to dismiss in the Generic Pharmaceuticals Pricing Antitrust Litigation, arguing that, contrary to Pfizer’s position, the branded drugmaker cannot be separated from its generic subsidiary, Greenstone LLC, the company from which the allegations stem. 

The states alleged in their amended complaint that Pfizer acted through its subsidiary and alter ego Greenstone to conspire with other generic drug manufacturers to allocate customers and markets, fix prices, and rig bids for generic drugs.  In their opposition brief, the states argue that “Pfizer directs and controls all of Greenstone’s business activities, approves its price increases and operates Greenstone as its generic-drug division.  They are one and the same.”  Pfizer has maintained it played no part in the alleged price-fixing scheme and wasn’t aware of any purportedly conspiratorial conversations involving Greenstone.

Pfizer is among several drug manufacturers accused by the state attorneys general to have coordinated price increases for generic drugs.  The states’ case is part of a broader price-fixing MDL with other plaintiffs, including classes of purchasers forced by the conspiracy to overpay for generic drugs. 

A copy of the states’ opposition to Pfizer’s motion to dismiss is available here.
 

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About Kristyn Fields

Kristyn Fields' practice is focused on antitrust litigation. Kristyn is a Senior Associate in the firm's New York office.Prior to joining F&F, Kristyn interned for the Honorable Martin Marcus, New York Supreme Court, Bronx County. As well, Kristyn participated in the Brooklyn Law Incubator & Policy Clinic providing pro bono counsel to emerging start-up companies. While at Brooklyn Law School, Kristyn served as an Executive Articles Editor of the Brooklyn Journal of Corporate, Financial & Commercial Law. Also, Kristyn was a member of the Moot Court Honor Society.Kristyn earned her J.D. from Brooklyn Law School (2016). Kristyn earned her undergraduate degree from Boston College (B.A., Political Science, 2013).Kristyn is licensed to practice law in New York.

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