Glumetza Price-Fixing $453M Class Action Settlement

Three pharmaceutical companies agreed to pay a combined $453 million as part of an antitrust class action settlement to resolve claims they suppressed generic versions of Glumetza in order to raise the price of the drug.

The settlement benefits entities who purchased generic or brand-name Glumetza directly from Bausch, Lupin, or Oceanside between May 6, 2012, and Aug. 15, 2020. 

The following companies are excluded from the Class: Albertsons Companies Inc., Albertsons LLC, CVS Pharmacy Inc., H-E-B L.P., Humana Pharmacy Inc., Hy-Vee Inc., The Kroger Co., Rite Aid Corp., Rite Aid Hdqtrs. Corp., R&S Northeast LLC., and Walgreen Co.

Glumetza is an extended release form of metformin used to treat type 2 diabetes. Brand-name Glumetza is distributed by Bausch Health, which allegedly worked with other pharmaceutical companies to suppress generic alternatives to Glumetza and increase the price of the medication, according to FiercePharma.com.

According to a 2019 class action lawsuit, after purchasing the rights to Glumetza from Assertio, Bausch paid off its generic competitors to secure a monopoly on the drug. Lupin Pharmaceuticals allegedly agreed to delay its generic version of Glumetza as part of an illegal antitrust scheme.

As a result of this alleged scheme, Bausch was able to raise the cost of Glumetza in 2015 from $5 per tablet to over $50 per tablet, plaintiffs contend.

“Had generic entry begun in 2012, history and economics tell us that brand Glumetza’s price would have remained on par with its 2012 prices,” the Glumetza class action lawsuit contends.

According to plaintiffs in the case, direct purchasers suffered from financial injury as a result of the antitrust agreement and deserve compensation for overpayment on Glumetza purchases.

Bausch, Assertio, and Lupin haven’t admitted any wrongdoing but agreed to resolve these Glumetza claims with settlements totaling $453.85 million. Bausch paid $300 million, Assertio paid $3.85 million, and Lupin paid $150 million.

Under the terms of the settlement, direct purchasers can recover cash payments. Each claimant’s payment will vary depending on how many milligrams of medication they purchased directly from the manufacturers. 

According to the Glumetza settlement website, compensation is estimated at $0.0044 per milligram or $4.40 per 1000 mg tablet and $2.20 per 500 mg tablet. 

The deadline for exclusion was Nov. 19, 2021. 

The deadline for objection was Dec. 1, 2021. 

The settlement was granted final approval Feb. 3, 2022.

In order to benefit from the settlement, Class Members must submit a valid claim form by May 29, 2022.

Who’s Eligible

The settlement benefits entities who purchased generic or brand-name Glumetza directly from Bausch, Lupin, or Oceanside between May 6, 2012, and Aug. 15, 2020.

Potential Award

Varies

Proof of Purchase

Proof of purchase is not applicable.

Claim Form

Online claim submission is not available for this settlement. Class Members will receive a pre-populated claim form to request their shares of the net settlement funds.

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

05/29/2022

Case Name

In re: Glumetza Antitrust Litigation, Case No. 3:19-cv-05822-WHA in the U.S. District Court for the Northern District of California

Final Hearing

02/03/2022

Settlement Website

GlumetzaAntitrustLitigation.com

Claims Administrator

Glumetza Antitrust Litigation
Settlement Administrator
1650 Arch St., Suite 2210
Philadelphia, PA 19103
Info@GlumetzaAntitrustLitigation.com
833-728-1355

Class Counsel

Steve Shadowen
HILLIARD & SHADOWEN LLP

Lauren G Barnes
Shana E Scarlett
HAGENS BERMAN SOBOL SHAPIRO LLP

Joseph M Vanek
SPERLING & SLATER PC

Defense Counsel

Counsel for Bausch Health
ARNOLD & PORTER
CRAVATH SWAINE & MOORE LLP

Counsel Lupin Pharmaceuticals Inc
KIRKLAND & ELLIS LLP

Counsel for Assertio Therapeutics Inc
GIBSON DUNN & CRUTCHER LLP