Judge gives preliminary approval to $5.5M settlement in Apotex price-fixing MDL

Apotex price-fixing settlement overview: 

• Who: A Pennsylvania federal judge granted preliminary approval to a $5.5 million settlement between pharmaceutical company Apotex and a class of clinics, hospitals and independent pharmacies. 
• Why: The settlement resolves claims Apotex conspired to fix drug prices. 
• Where: The multidistrict litigation is in Pennsylvania federal court. 

A federal judge in Pennsylvania preliminarily approved a $5.5 million settlement between Apotex and clinics, hospitals and independent pharmacies that ends claims the pharmaceutical company fixed drug prices. 

The settlement removes Apotex from multidistrict litigation involving claims against drugmakers and distributors accused of violating the Sherman Act. 

In addition to the monetary relief, the settlement calls for Apotex to cooperate with the class in its “continued efforts” against remaining defendants. 

The settlement class includes all U.S. drug dispensers who purchased one or more of the drugs accused of having their price-fixed since 2010. 

Apotex settled previous claims with direct purchasers, DOJ 

In February, the judge previously agreed to preliminarily approve a settlement between Apotex and a class of direct purchasers that will pay $26-$37 million, Law360 reports. 

Apotex also previously agreed to a settlement with the U.S. Department of Justice in 2021 that ended claims the company worked with Taro Pharmaceu!cals and Sandoz Inc. to fix the price of the cholesterol drug pravastatin, according to Law360. 

Apotex reportedly agreed to pay $49 million, while Taro and Sandoz agreed to pay $213.2 million and $185 million, respectively. 

The multidistrict litigation has also resulted in a preliminary approval of a $10 million settlement between Heritage Pharmaceuticals and a class of direct purchasers and a $5 million settlement between Breckenridge Pharmaceuticals and a class of direct buyers, Law360 reports. 

Have you been injured by Apotex drug price-fixing? Let us know in the comments.

The indirect resellers are represented by Christian Hudson of Cuneo Gilbert & LaDuce LLP.

The Apotex price-fixing settlement is In re: Generic Pharmaceuticals Pricing Antitrust Litigation, Case No. 2:16-md-02724, in the U.S. District Court for the Eastern District of Pennsylvania. 

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