Rebate information is held discoverable in antitrust case
State of Florida, et al., v. Abbott Laboratories, et al., Civ. No. 08-155-SLR, June 23 , 2009.
Robinson, J. Defendants’ request for discovery relating to rebates received for fenofibrate products is granted.
In this antitrust action, Plaintiff’s have not limited their damages to the difference between the cost of TriCor versus the hypothetical cost of AB-rated generic substitutes. I nstead, they claim that their general economies have been injured due to defendants’ anti-generic strategy. Since plaintiffs exercise a substantial degree of control over their economies, information about the rebates negotiated is relevant. Information about drugs not on the market at the time of the conduct at issue is not discoverable. Pre-suit investigations are privileged. Absent extraordinary circumstances, the court generally does not order disclosure of settlement agreements.
