The Tenth Circuit rejected Pfizer and Mylan’s request to seek an immediate reversal of United States District Court Judge Daniel D. Crabtree’s order certifying two classes of consumers and third-party payors in the EpiPen multidistrict litigation centralized in the District of Kansas. Finding that the district court had conducted a rigorous analysis and that its conclusions were “well-supported” by the record, the Tenth Circuit held that defendants had provided no reason to interrupt the district court proceedings.
Among other things, the plaintiffs allege that Mylan and Pfizer illegally maintained their monopoly power by entering into reverse payment settlements to delay generic entry and by entering into exclusive contracts with pharmacy benefit managers to prevent potential competitors from gaining market share. Using these tactics to successfully forestall competition, the defendants increased the cost of each potentially life-saving EpiPen from approximately $100 to $600 and removed single EpiPens from the market to force consumers to purchase EpiPens two at a time. The defendants’ price increase, in particular, became the focus of public outrage and led to a congressional investigation.
The two certified classes, one a nationwide RICO class and the other a state antitrust damages class, will now proceed towards summary judgment and trial. The case is In Re: Epipen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation, Docket No. 2:17-md-02785 (D. Kan.).
About Faruqi & Faruqi, LLP
Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in California, Georgia and Pennsylvania.
Since its founding in 1995, Faruqi & Faruqi, LLP has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, direct purchasers, consumers and employees.
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About Raymond N. Barto
Raymond N. Barto's practice is focused on antitrust litigation. Ray is a senior associate in the firm's New York office.Prior to joining F&F, Ray was an associate at a prominent New York City law firm where he represented consumers, shareholders, and employees in class action cases that involved consumer fraud, breach of fiduciary duty, and ERISA.While at Brooklyn Law School, Ray served as an Articles Editor for the Brooklyn Law Review. As well, Ray served as an intern to the Honorable Judge William Pauley III of the United States District Court for the Southern District of New York; the United States Attorney's Office for the Eastern District of New York; the litigation department for Marsh & McLennan Companies; and the Kings County District Attorney's Office.
Raymond N. Barto
Partner at Faruqi & Faruqi, LLP
New York office
Tel: (212) 983-9330
Fax: (212) 983-9331
E-mail: rbarto@faruqilaw.com
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