Class certification granted in Tricor® antitrust suit
Robinson, J. The Court grants direct purchaser plaintiffs’ motion for class certification. It grants in part the indirect purchaser plaintiffs’ motion for class certification, and the IP Class’s motion for appointment of counsel is granted.
This litigation began as a patent infringement ANDA case with respect to Tricor®, a drug used for treatment of high cholesterol. It is now the subject of antitrust counterclaim litigation.
The issues to be determined by Direct Purchasers’ Class are: whether the challenged conduct is an anticompetitive scheme under the Sherman Act; whether the conduct caused injury-in fact in the nature of overcharges; and the amount of any overcharge damages under the Clayton Act.
The issues to be determined by Indirect Purchasers’ Class are: whether the challenged conduct is an anticompetitive scheme under the Sherman Act; whether the conduct caused injury-in fact in the nature of overcharges; and whether the class is entitled to injunctive relief.
A full copy of the opinion is available here.
