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Glumetza Antitrust Settlement Overview:
- WHO: The settlement is between direct purchasers of Glumetza and defendants Bausch, Assertio, and Lupin.
- WHY: The defendants allegedly violated antitrust laws by entering into a reverse payment agreement.
- WHERE: United States
UPDATE:
- The Court granted final approval to this class action settlement Feb. 3, 2022.
- All Class Members will receive an individualized, pre-populated claim form to request their share of each of the net settlement funds, according to the settlement website. More information on the claims process can be found in the proposed allocation plan.
- Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
A website has been created for Class Members in a class action settlement that resolves claims that pharmaceutical companies Bausch, Assertio, and Lupin violated antitrust laws.
Plaintiffs in a class action lawsuit had accused the companies of entering into unlawful reverse payment agreements, a violation of antitrust law.
Under these reverse payment agreements, Assertio/Santarus, Salix, and Bausch paid Lupin “substantial consideration in exchange for Lupin’s agreement to delay market entry of its generic version of Glumetza,” the class action lawsuit said.
These agreements were allegedly intended to delay the entry of generic Glumetza into the market in order to lengthen the period during which name-brand Glumetza would make supracompetitive profits, to keep an authorized generic off the market for a year, to delay the date that other generic manufacturers would enter the market, and to raise and maintain the prices the plaintiffs and Class Members would pay for Glumetza at supracompetitive levels.
The Court has granted preliminary approval in the proposed settlements.
Under the terms of the agreements, three settlement funds have been created.
A $300 million fund will resolve the claims against Bausch, $3.85 million will resolve the claims against Assertio, and $150 million will resolve the Class claims against Lupin.
The Class includes any person or entity in the United States and its territories who purchased Glumetza or generic Glumetza directly from one of the defendants between May 6, 2012, and Aug. 15, 2020.
If the Court grants final approval, each Class Member’s share of the net settlement funds will be based on their qualifying purchases and will be determined according to an allocation plan proposed by the plaintiffs.
The final approval hearing is scheduled for Jan. 20, 2022.
Did you purchase Glumetza? What do you think of the settlement? Let us know in the comments below.
The plaintiffs are represented by Hagens Berman Sobol Shapiro LLP, Hilliard & Shadowen LLP, and Sperling & Slater.
The Glumetza Antitrust Class Action Lawsuit is In re: Glumetza Antitrust Litigation, Case No. 3:19-cv-05822-WHA, in the U.S. District Court for the Northern District of California.
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