September 6, 2024
A Maryland federal judge refused Friday to toss an antitrust suit accusing Actelion Pharmaceuticals of illegally denying generics companies the samples they needed to produce generic versions of its hypertension drug Tracleer, while separately certifying a class composed of “hundreds” of insurers and self-funded employers.
U.S. District Judge George L. Russell III issued two omnibus opinions Friday, including a sealed decision rejecting Actelion’s bid to nix the case on summary judgment. Publicly, Judge Russell also granted the class certification sought by the Government Employees Health Association, rejecting Actelion arguments that the contours of the proposed class of third-party payors were too hard to define.
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“We are pleased that members of the third-party payor class who paid higher prices for branded and generic Tracleer as a result of Actelion’s alleged conduct will have their day in court,” said Sharon K. Robertson of Cohen Milstein Sellers & Toll PLLC.
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The plaintiffs are represented by Sharon K. Robertson, Donna M. Evans, Aaron J. Marks and Joseph M. Sellers of Cohen Milstein Sellers & Toll PLLC, Thomas M. Sobol, Hannah Schwarzschild, Rachel A. Downey and Erin C. Burns of Hagens Berman Sobol Shapiro LLP, John D. Radice, A. Luke Smith and Rishi Raithatha of Radice Law Firm PC and Archana Tamoshunas of Taus Cebulash & Landau LLP.
Read Actelion Must Face Tracleer Antitrust Suit With Class Certified.