August 9, 2024
A New York federal judge on Friday recommended certifying two classes of direct purchasers and end payors in consolidated antitrust actions accusing Takeda Pharmaceuticals Co. of unlawfully inflating the price of its diabetes treatment Actos by delaying entry of generic alternatives.
U.S. Magistrate Judge Stewart D. Aaron’s report and recommendation said both groups’ motions for class certification should be granted, finding that they raise common questions of antitrust injury that are capable of classwide resolution, and that questions of law or fact common to class members predominate over questions only affecting individuals.
For instance, the end payor plaintiffs, such as employee health care benefit plans and direct payer wholesalers, claim that Takeda’s improper representation of its patents to the U.S. Food and Drug Administration delayed generics from entering the market for the drug, forcing them to pay inflated prices for the diabetes treatment, the report said.
. . .
The end payors are represented by Hilliard & Shadowen LLP, Miller Shah LLP, Wexler Boley & Elgersma LLP, Motley Rice LLC and Cohen Milstein Sellers & Toll PLLC.
Read Takeda Should Face Certified Antitrust Classes, Judge Says.