In this case, nicknamed Provigil, Faruqi & Faruqi, LLP represents a pharmaceutical wholesaler and a proposed class of direct purchasers of Cephalon’s (now Teva’s) branded wakefulness drug, Provigil (modafinil). The case alleges that that the brand manufacturer, Cephalon, conspired with 4 generic competitors not to launch their generic versions of Provigil, as part of a larger scheme to monopolize the relevant product market and exclude generic competition in violation of §§ 1 and 2 of the Sherman Act. As a result of the scheme, the suit alleges, direct purchasers of Provigil were overcharged over $1 billion on their purchases of modafinil.
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Filed on 04/27/2006
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