In the Zetia case, Faruqi & Faruqi represents a class of direct purchasers of Merck & Co.’s Zetia (ezetimibe), a drug used to treat high cholesterol. The case alleges that Merck entered into an unlawful reverse payment settlement with generic manufacturers Glenmark Pharmaceuticals and Par Pharmaceutical in 2010 to delay generic entry until late 2016. In exchange for this delay, Merck promised Glenmark and Par not to launch an authorized generic in competition with their generic Zetia for the first 180 days their product was on the market. The direct purchasers paid supracompetitive prices as a result of delayed generic entry and the absence of competition from an authorized generic.
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Filed on 02/07/2018
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