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LOCAL 1500and all other

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y situated, bri

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drugs, includ

UNITEASTER

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tiff,

O U.S., INC.BORATORIERMACEUTIEUTICALS,

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tiff’s claims

ding Defend

ding pravasta

TED STATERN DISTRI

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TICALS INCUSA, INC., S (USA) INC

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ss action for

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ng from thei

nd to allocat

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dants here, to

atin, which i

ES DISTRIICT OF PE

n behalf

CORP.,

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quitable reli

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ir conspiracy

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o raise and fi

s at issue in

ICT COURTENNSYLVA

No. _____ CLASS A JURY TR

d, on behalf

er federal an

ief for the su

nts, the large

y to raise the

nd customer

d conspiracy

ix the prices

this Compla

T ANIA

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ACTION CO

RIAL DEMA

of itself and

nd state antit

ubstantial inj

est generic d

e prices of pr

rs for pravast

y by numero

of more tha

aint.

OMPLAINT

ANDED

d all others

trust laws to

uries it and

drug

ravastatin

tatin in the

ous generic d

an a dozen

drug

Case 2:16-cv-06057-TON Document 1 Filed 11/16/16 Page 1 of 54

3

Plaintiff’

4

hypercho

5

the early

6

that time

instances

results in

prices.

7

For exam

2014, the

strength a

pravastat

8

were the

well as a

largest ge

1 See Extraordin

Plaint.

s own acts a

Prava.

olesteremia (

Signif.

1990s and h

Gener.

, have been

s priced at pe

n vigorous pr

Recen.

mple, betwee

e price of pra

and package

tin had exper

These.

result of De

llocate custo

eneric drug m

GAO, Genericnary Price Incr

tiff’s allegati

and upon inf

statin is com

(i.e., high ch

ficantly, prav

has been on t

ric versions p

priced signif

ennies per ta

rice competi

ntly, howeve

en the fourth

avastatin has

e size. The U

rienced “ext

e price hikes

efendants’ co

omers and m

manufacture

c Drugs Underreases, No. 16-

ions are mad

formation an

NATURE O

mmonly presc

holesterol and

vastatin is no

the market f

pravastatin h

ficantly lowe

ablet. This is

ition, benefit

er, pravastati

quarter of 2

s increased b

U.S. Governm

traordinary p

were not the

onspiracy to

markets for, p

ers: Actavis H

r Medicare: Pa-706, App’x III

- 2 -

de on person

nd belief as to

OF THE AC

cribed lipid

d triglycerid

ot a new com

for over 20 y

have been on

er than their

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ting consume

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2013 and the

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fix, raise, m

pravastatin. D

Holdco U.S.

art D Generic DI (Aug. 2016),

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CTION

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years.

n the market

r branded cou

e presence of

ers and third

ienced unpre

beginning o

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ntability Off

es” between

ompetitive m

maintain, and

Defendants a

., Inc.; Apote

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ol drug indica

avastatin was

t for years an

unterparts—

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market force

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ntiff and

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meetings

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a multi-state

probes into a

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ederal grand

Defendants

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ubpoenas to

of generic dig

nd CTAG’s s

nts and testim

Glenmark Pha

ceuticals Inc

ndants orche

vate and at p

ical Associat

petitors and

mpetitive acti

cing to the p

ndants’ price

of Congress,

DOJ”) and t

working gro

allegations t

spiracy to fi

including p

jury proceed

and other dr

s and CTAG

Lannett and

goxin tablets

subpoenas to

mony concer

armaceutical

.; Teva Phar

strated their

public events

tion (“GPhA

barriers to e

ons and hav

present.

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, the press, a

the Connecti

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that as many

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ravastatin. S

ding in the E

rug manufact

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ls Inc. USA;

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te 2014, DO

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eceived subp

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ant escalation

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6-K (Sept. 9, 20cDovL2FwaS5

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10-Q, at 58 (Nom/sec/viewer486#MYL10Q

J’s probe ex

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poenas from

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petitor conta

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additional dru

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facturers, in

le, that Teva

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xpanded furth

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ugs—cidofo

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her to includ

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which manufa

September

mmercial tea

s, “communi

products.”2 Z

cing of divalp

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uted.3 The is

ation given th

t in the impo

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liability of b

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urers of

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analyst estim

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va, West-Wa

line, and dig

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statin, consu

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c Saonowsky, D2016), http://wanalyst-says.

David McLaug (Nov. 3, 2016Charges, Wall

possible-probe-016), http://reu

Mylan could

mated that fin

dition to DO

n from gene

ard, and Zydu

goxin, among

fendants and

larly undergo

copyrrolate,

ficantly, rece

hase: Bloomb

of investigat

with sources

result of Def

mers and thi

ric drugs.

DOJ’s price-fixwww.fiercephar

ghlin & Caroli6), http://bloom St. J. (Nov. 3,-1478209036; Dut.rs/2fIIPn0.

d face liabilit

nes industry

J’s and CTA

eric manufac

us, concernin

g numerous o

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one significa

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ent news rep

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tion, DOJ is

s stating that

fendants’ sch

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- 5 -

ty of betwee

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cturers Actav

ng their sale

other drugs.

ric drug man

ant price incr

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ports have sta

Wall Street Jo

close to brin

t the charges

heme to fix,

yors paid, an

tion could leadma/doj-s-price-

Charges in GePeter Loftus, etwww.wsj.com/y, Drug makers

en $380 milli

d exceed $1 b

gations, mem

vis, Apotex,

es of divalpro

Members o

nufacturers r

reases over t

fate, and ben

ated that inv

ournal, and R

nging crimin

s could be br

raise, mainta

nd continue t

d to sizable liab-fixing-investig

eneric-Drug Prt al., Generic-D/articles/generis under fire for

ion and $770

billion.4

mbers of Con

Impax, Lann

oex ER, prav

f Congress a

regarding oth

the past few

nazepril/

vestigations a

Reuters have

nal charges a

rought as ear

ain, and stab

to pay, supra

bilities, analystgation-could-le

robe to Be FileDrug Firms Faic-drug-makersr possible price

0 million.

ngress have

nett, Mylan,

vastatin,

also requeste

her generic

w years, inclu

are on the cu

e all reported

against gener

rly as the en

bilize the pri

acompetitive

t says, FiercePhead-to-sizable-

e by Year-End,ace Possible s-shares-drop-oe fixing, Reuter

Par,

ed

uding

usp

d

ric

nd of

ices

e

harma

,

on-rs


1

compose

purchase

pravastat

employee

through a

ceased (t

2

entities w

Maine, M

Carolina,

Virginia,

reimburs

consump

beneficia

anticomp

2

obtain inj

injuries t

violation

2

§§ 1331

Plain9.

d of all indiv

d, paid, and

tin, other tha

es, insureds,

and includin

he “Class Pe

The se0.

who, in Alab

Michigan, M

, North Dako

, Wisconsin,

ement for so

ption by itsel

aries, from at

petitive effec

Plaint1.

junctive reli

hat Plaintiff

n of Section 1

This C2.

and 1337 an

tiff seeks to

viduals and e

provided re

an for resale,

, participants

ng the date th

eriod”).

econd class (

ama, Arizon

innesota, Mi

ota, Oregon,

and the Dis

ome or all of

lf, its familie

t least as ear

cts of Defend

J

tiff brings th

ief and costs

f and the othe

1 of the Sher

Court has sub

nd Section 16

certify two

entities in th

imbursemen

, for consum

s, or benefici

hat the antico

(the “Damag

na, Californi

ississippi, N

, Rhode Islan

strict of Colu

f the purchas

es, or its mem

rly as Octobe

dants’ unlaw

JURISDICT

is action und

of suit, inclu

er members

rman Act, 15

bject matter

6 of the Clay

- 6 -

classes. The

he United Sta

nt for some o

mption by itse

iaries, from

ompetitive e

ges Class”) i

a, Florida, H

Nebraska, Ne

nd, South Da

umbia, indire

se price for p

mbers, emplo

er 1, 2013 th

wful conduct

TION AND

der Section 1

uding attorn

of the Class

5 U.S.C. § 1

jurisdiction

yton Act, 15

e first class (t

ates or its ter

or all of the p

elf, its famili

at least as ea

ffects of De

is composed

Hawaii, Iowa

evada, New M

akota, Tenne

ectly purcha

pravastatin, o

oyees, insure

hrough and in

ceased.

VENUE

16 of the Cla

neys’ fees, ag

s have suffer

.

over this ac

U.S.C. § 26

the “Injuncti

rritories who

purchase pri

ies, or its me

arly as Octob

fendants’ un

d of all indivi

a, Kansas, M

Mexico, New

essee, Utah,

sed, paid, an

other than fo

eds, particip

ncluding the

ayton Act, 1

gainst Defen

red from Def

ction pursuan

6, because th

ive Class”) i

o indirectly

ce for

embers,

ber 1, 2013

nlawful cond

iduals and

Massachusett

w York, Nor

Vermont, W

nd provided

or resale, for

pants, or

e date that th

5 U.S.C. §26

ndants for the

fendants’

nt to 28 U.S.

his action ari

is

duct

s,

rth

West

r

he

6, to

e

.C.

ses


under the

claims pu

2

because t

proposed

a state di

24

Section 1

were fou

commerc

2

intended

including

2

of interst

substanti

2

interstate

A

2

benefits f

11590. L

e federal anti

ursuant to 28

This C3.

this action is

d class excee

ifferent from

Venue4.

12 of the Cla

nd, or had ag

ce discussed

Defen5.

to, and did h

g in this Dist

Defen6.

tate commer

ial, and reaso

Each D7.

e commerce

A. Plaint

Plaint8.

fund with its

Local 1500 pr

itrust laws. T

8 U.S.C. § 13

Court also ha

s a class acti

eds $5,000,00

m that of one

e is proper in

ayton Act, 15

gents within

below was c

ndants’ cond

have a subst

trict.

ndants sold a

ce. The cons

onably fores

Defendant, o

to join or eff

tiff

tiff UFCW L

s principal pl

rovides near

This Court a

367(a).

as jurisdictio

on in which

00 and at lea

of Defendan

n this Distric

5 U.S.C. § 2

n this District

carried out i

duct, as descr

tantial effect

and shipped p

spiracy in wh

eeable effec

or one or mo

ffectuate thei

THE

Local 1500 W

lace of busin

rly 23,000 m

- 7 -

also has supp

on over this m

the aggrega

ast one mem

nts.

ct under 28 U

2, because D

t, and a port

n this Distric

ribed in this

on, the inter

pravastatin i

hich Defend

t on interstat

ore of its affi

ir conspiracy

E PARTIES

Welfare Fund

ness at 425 M

members with

plemental jur

matter under

ate amount in

mber of the D

U.S.C. § 139

Defendants r

tion of the af

ct.

Complaint,

rstate comm

in a continuo

dants particip

te and intras

iliates, used

y.

S

d (“Local 15

Merrick Ave

h health and

risdiction ov

r 28 U.S.C.

n controvers

Damages Cla

91(b), (c), an

resided, trans

ffected inters

was within t

merce of the U

ous and unin

pated had a d

state comme

the instrume

500”) is an e

enue, Westbu

welfare ben

ver state law

§ 1332(d)

sy for the

ass is a citize

nd (d) and

sacted busin

state trade an

the flow of,

United State

nterrupted flo

direct,

rce.

entalities of

employee we

ury, New Yo

nefits, many

en of

ness,

nd

was

es,

ow

elfare

ork,

of


whom liv

paid for s

property.

Defendan

markets a

B

2

principal

New Jers

Allergan

assets of

Allergan

During th

3

business

Apotex, I

Toronto,

During th

ve in New Y

some or all t

. Local 1500

nts’ anticom

and custome

B. Defen

1.

Defen9.

l place of bus

sey, 07054. I

plc’s for $4

its “generic

’s generics b

he Class Per

2.

Defen0.

at 2400 Nor

Inc., a Canad

Canada, M9

he Class Per

York, among

the purchase

0 paid and re

mpetitive con

ers.

ndants

Actavis

ndant Actavi

siness at Mo

In August 20

40.5 billion. I

s business” t

business. Ac

riod, Actavis

Apotex

ndant Apotex

rth Commerc

dian compan

9L 1T9. Apo

riod, Apotex

other states.

e price for pr

eimbursed m

duct to fix, r

s Holdco U.

orris Corpora

016, Teva Ph

In connectio

to Actavis, s

ctavis manufa

s sold generic

x Corp. (“Ap

ce Parkway,

ny with its p

otex manufac

sold generic

- 8 -

. During the

ravastatin, th

more for these

raise, mainta

S., Inc. (“Ac

ate Center II

harmaceutica

on with this a

so that by ac

factures, mar

c pravastatin

potex”) is a

Weston, Flo

rincipal plac

ctures, mark

c pravastatin

Class Period

hereby suffer

e products th

ain, and stab

ctavis”) is a

II, 400 Interp

als U.S., Inc

acquisition, A

quiring Acta

rkets, and se

n in the Unit

corporation

orida, 33326

ce of busines

kets, and sell

n in the Unite

d, Local 150

ring injury to

han it would

ilize the pric

corporation

pace Parkwa

c. acquired A

Allergan ass

avis, Teva al

lls generic d

ted States.

with its prin

6. Apotex is

ss at 150 Sig

ls various ge

ed States.

00 purchased

o its busines

have absent

ces and alloc

with its

ay, Parsippan

Actavis from

signed certai

lso acquired

drug product

ncipal place

a subsidiary

gnet Drive,

eneric drugs.

d and

ss and

t

cate

ny,

m

in

ts.

of

y of


3

its princi

Reddy’s

place of b

5000034

Period, D

3

with its p

Glenmark

principal

Express H

sells vari

United S

3

principal

subsidiar

Laxmi To

manufact

Class Per

3.

Defen1.

pal place of

is a subsidia

business loc

. Dr. Reddy’

Dr. Reddy’s

4.

Defen2.

principal plac

k is a subsid

l place of bus

Highway, A

ious generic

tates.

5.

Defen3.

l place of bus

ry of Lupin L

owers, Band

tures, marke

riod, Lupin s

Dr. Reddy

ndant Dr. Re

business at

ary of Dr. Re

ated at 8-2-3

’s manufactu

sold generic

Glenmark

ndant Glenm

ce of busine

diary of Glen

siness at Gle

ndheri (E), M

drugs. Durin

Lupin

ndant Lupin

siness at 111

Limited, an I

dra Kurla Co

ets, and sells

sold generic

y’s

eddy’s Labo

107 College

eddy’s Labor

337, Road N

ures, market

c pravastatin

k

mark Pharmac

ss at 750 Co

nmark Pharm

enmark Hou

Mumbai, Ind

ng the Class

Pharmaceuti

1 South Calv

Indian comp

omplex, Band

generic vers

pravastatin

- 9 -

ratories, Inc

e Road East,

ratories Ltd.

No. 3, Banjar

s, and sells v

in the Unite

ceuticals Inc

orporate Driv

maceuticals L

se, B.D. Saw

dia, 400 099

Period, Gle

icals, Inc. (“

vert Street, B

pany with its

dra (E), Mum

sions of bran

in the Unite

c. (“Dr. Redd

Princeton, N

., an Indian c

ra Hills, Hyd

various gene

ed States.

c., USA (“Gl

ve, Mahwah

Limited, an I

want Marg. C

. Glenmark m

enmark sold

“Lupin”) is a

Baltimore, M

s principal pl

mbai 400 05

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- 19 -

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- 35 -

of digoxin or

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edications, an

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digoxin, ter

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- 37 -

fate tablets,

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e, purchasers

operty in the

2016), http://ph50ZW5rd2l6YXFU0M9U0VDV

ricing pressureiness/india-bus

hallenges for p-win-may-pose

- 40 -

sion, seeking

roducts and p

generic phar

t publicly tra

ral securities

ping investig

marketing an

RUST IMPA

laintiff and C

ndants. As a

pay, artificia

e prices that

in this Comp

s of pravasta

form of ove

hx.corporate-ir.XJkLmNvbS9mVElPTl9FTlRJ

e may hit Indiainess/US-polls

pharma cos: Ree-pricing-challe

g documents

pricing, com

rmaceutical

aded in the U

s laws, recen

gation.46 Acc

nd sale of div

ACT

Class Memb

result of De

ally inflated p

Plaintiff and

plaint.

atin have sust

ercharges—a

.net/phoenix.zhmaWxpbmcueJUkUmc3Vic2

an pharma cos,s-pricing-press

eport, F. Worldenges-for-phar

relating to c

mmunication

products, an

United States

nt press repo

cording to on

valproex ER

ers purchase

efendants’ ill

prices for pr

d Class Mem

tained subst

and their loss

html?c=11469eG1sP2lwYWd2lkPTU3.

, The Times of sure-may-hit-In

d (Nov. 7, 2016rma-cos-report

corporate an

s with

nd certain oth

s and thus no

orts have stat

ne article, Zy

.47

ed substantia

legal conduc

ravastatin. Th

mbers would

antial losses

ses continue

8&p=irol-dlPTExMTM0

f India, ndian-pharma-

6), t-3093544.html

d

her

ot

ted

ydus

al

ct,

he

d

s and

e to

MjU

l.


date. The

discovery

1

substanti

1

substanti

state and

had subst

consume

for prava

14

forms of

commerc

14

generally

that “[e]v

price at th

overchar

14

industry

48 See

49 Id.

e full amoun

y and upon p

Defen38.

ially affected

At all 39.

ial amounts o

d national lin

tantial intras

rs and third-

astatin.

At all 40.

business com

ce across stat

Econo41.

y results in h

very person a

he top. 48 He

ge that a firm

The in42.

ensures that

e Herbert Hove

nts, forms, an

proof at trial

ndants’ effor

d interstate c

material tim

of pravastati

es and throu

state effects

-party payor

times, Defe

mmunication

te and nation

omists recog

higher prices

at every stag

e also says th

m at one dist

nstitutional s

overcharges

enkamp, Feder

nd componen

.

rts to restrain

commerce—

mes, Defenda

in in a contin

ughout the U

in every stat

s within each

ndants trans

ns and trans

nal lines in c

gnize that any

at every lev

ge in the cha

hat “[t]heore

tribution lev

structure of p

s at the high

ral Antitrust Po

- 41 -

nts of such d

n competition

—and continue

ants manufac

nuous and un

United States

te of purchas

h state were

smitted funds

actions in a

connection w

y overcharge

vel below. Pr

ain will be po

etically, one

vel will pass

pricing and r

er level of d

olicy: The Law

damages will

n in the mar

e to do so.

ctured, prom

ninterrupted

. Defendants

se because, a

forced to pa

s and contra

continuous a

with the sale

e at a higher

rofessor Her

oorer” as a r

can calculat

on to those a

regulation in

distribution a

w of Competitio

l be calculat

rkets for prav

moted, distrib

d flow of com

s’ anticompe

among other

ay supracom

acts, invoices

and uninterr

of pravastat

r level of dis

rbert Hovenk

result of the a

te the percen

at the next le

n the pharma

are passed on

on and Its Prac

ted after

vastatin have

buted, and so

mmerce acro

etitive condu

r things,

mpetitive pric

s, and other

rupted flow o

tin.

tribution

kamp explain

anticompetit

ntage of any

evel.”49

aceutical dru

n to end-pay

ctice, at 564 (19

e

old

ss

uct

ces

of

ns

tive

ug

yors.

994).


Wholesa

Members

14

and third

absent D

14

anticomp

14

and conti

Defendan

14

on behalf

injunctiv

14

(b)(3), on

arising fr

lers and reta

s.

Defen43.

d-party payor

efendants’ u

The p44.

petitive cond

The in45.

inue to pay,

nts.

Plaint46.

f of themselv

ve and equita

The IAll peindireor all consuinsureOctobantico

Plaint47.

n behalf of th

rom Defenda

ailers passed

ndants’ antic

rs prices in e

unlawful acti

rices were in

duct.

nflated price

are traceable

tiff brings th

ves and a na

able relief:

njunctive Cersons or entctly purchasof the purch

umption by iteds, participaber 1, 2013 thompetitive ef

tiff also bring

hemselves an

ants’ conduc

on the inflat

ompetitive c

excess of wh

ions.

nflated as a d

es that Plaint

e to and the

CLASS A

is action as a

ationwide cla

Class: tities in the Used, paid, andhase price fortself, its famants, or benehrough and iffects of Def

gs this action

nd a class of

ct as describe

- 42 -

ted prices of

conduct enab

hat they othe

direct and fo

iff and Class

foreseeable

ALLEGATI

a class action

ass of similar

United Statesd provided rr pravastatin

milies, or its meficiaries, froincluding thfendants’ un

n as a class a

f similarly si

ed below:

f pravastatin

bled Defend

erwise would

oreseeable re

s Members h

result of, the

IONS

n, under Fed

rly situated i

s and its terrreimbursemen, other than members, emom at least ae date that th

nlawful cond

action, unde

ituated indiv

n to Plaintiff

dants to charg

d have been

esult of Defe

have paid fo

e overcharge

d. R. Civ. P.

individuals s

ritories who ent for somefor resale, f

mployees, as early as he

duct ceased.

er Fed. R. Civ

viduals seeki

and Class

ge consumer

able to charg

endants’

r pravastatin

es caused by

23(a) and (b

seeking

e for

v. P. 23(a) a

ing damages

rs

ge

n,

y

b)(2),

and

s


14

Classes:

em

b

re

an

m

fo

fa

The DAll peprovidpravasfamilibenefiincludunlawcommFloridMinneYork,Dakotthe Di

The fo48.

mployees, su

enefit plans;

esale or direc

nother third-

members);

or brand and

amilies.

Damages Clersons or entded reimbursstatin, other ies, or its meficiaries, fromding the date

wful conduct monwealths, da, Hawaii, Iesota, Missis North Carota, Tennesseistrict of Col

ollowing per

(a) De

ubsidiaries, o

(b) All

;

(c) All

ctly from De

(d) Fu

-party payor

(e) Fla

d generic dru

(f) Th

ass: tities who insement for sthan for resa

embers, empm at least as e that the ant

ceased, in aand territori

Iowa, Kansasssippi, Nebralina, North D

ee, Utah, Verlumbia.

rsons and en

efendants and

or affiliates;

l governmen

l persons or

efendants or

lly-insured h

covering 10

at co-payers

ugs); and

he judges in t

- 43 -

directly purcome or all oale, for consloyees, insuearly as Oct

ticompetitiveany of the foles: Alabamas, Massachuaska, NevadDakota, Oregrmont, West

ntities are exc

d their couns

ntal entities,

entities who

their affiliat

health plans

00% of the p

(consumers

this case and

chased, paidof the purchasumption by ureds, participtober 1, 2013e effects of Dllowing statea, Arizona, Cusetts, Maineda, New Mexgon, Rhode t Virginia, W

cluded from

sel, officers,

except for g

o purchased p

tes;

(plans that p

plan’s reimbu

who paid th

d any membe

d, and ase price for itself, its pants, or 3 through anDefendants’ es, California, e, Michigan, xico, New Island, Sout

Wisconsin, an

m the above-d

, directors, m

government-f

pravastatin f

purchased in

ursement ob

he same co-p

ers of their i

nd

th nd

described

management,

funded empl

for purposes

nsurance from

bligations to

payment amo

mmediate

,

loyee

s of

m

its

ount


14

believes

1

and mem

they paid

and conti

1

Classes.

the Class

1

action an

pharmace

1

over que

acted on

Class.

1

th

w

Memb49.

that there ar

Plaint50.

mbers of the C

d artificially

inue to do so

Plaint51.

Plaintiff’s in

ses.

Plaint52.

ntitrust litigat

eutical produ

Quest53.

stions that m

grounds gen

Quest54.

he prices of p

with respect t

bers of the C

re thousands

tiff’s claims

Classes were

inflated pric

o.

tiff will fairly

nterests are c

tiff is represe

tion, and wit

ucts.

tions of law a

may affect on

nerally appli

tions of law a

(a) the

(b) wh

pravastatin;

(c) wh

to pravastatin

Classes are so

of members

are typical o

e damaged b

ces for prava

y and adequ

coincident w

ented by cou

th experienc

and fact com

nly individua

cable to each

and fact com

e identity of

hether Defen

hether Defen

n;

- 44 -

o numerous

s of each cla

of the claims

by the same w

astatin as a re

ately protect

with, and not

unsel with ex

ce in class ac

mmon to the

al members o

h member of

mmon to mem

the participa

ndants consp

ndants consp

that joinder

ss.

s of the mem

wrongful co

esult of Defe

t and represe

antagonistic

xperience in

ction antitrus

members of

of the Classe

f the Injunct

mbers of bot

ants in the co

ired to fix, r

ired to alloc

is impractic

mbers of the C

nduct by De

endants’ wro

ent the intere

c to, those of

the prosecut

st litigation i

f the Classes

es because D

tive Class an

th Classes in

onspiracy;

raise, mainta

cate markets

cable. Plainti

Classes. Plai

efendants in

ongful condu

ests of the

f the membe

tion of class

involving

s predominat

Defendants h

nd Damages

nclude:

ain, and stabi

or customer

iff

intiff

that

uct—

ers of

s

te

have

ilize

rs


pr

af

in

ov

C

re

1

of the con

geograph

simultane

expense t

the class

redress o

potential

1

preclude

ravastatin m

ffected inter

njury to the b

vercharges;

Classes in the

estraint and t

Class 55.

ntroversy. S

hically dispe

eously, effic

that numerou

mechanism,

on claims tha

difficulties

Plaint56.

its maintena

(d) wh

market;

(e) wh

rstate and int

(f) wh

business or p

(g) the

e aggregate;

(h) the

to restore co

action treatm

uch treatmen

rsed persons

ciently, and w

us individua

, including p

at could not p

in managem

tiff knows of

ance as a cla

hether Defen

hether Defen

trastate comm

hether, and to

property of P

e amount of o

and

e injunctive a

ompetition in

ment is a sup

nt will perm

s or entities t

without the u

al actions wo

providing inj

practicably b

ment of this c

f no special d

ass action.

- 45 -

ndants’ condu

ndants’ activi

merce;

o what exten

Plaintiff and

overcharges

and other eq

n the pravast

perior metho

mit a large nu

to prosecute

unnecessary

ould engende

jured person

be pursued in

class action.

difficulty to

uct harmed c

ities alleged

nt, Defendan

members of

s paid by Pla

quitable relie

tatin market.

od for the fai

umber of sim

their comm

duplication

er. The bene

ns or entities

ndividually,

be encounte

competition

d herein have

nts’ conduct

f the Classes

aintiff and m

ef needed to

.

ir and efficie

milarly situate

mon claims in

of evidence

efits of proce

a method fo

substantiall

ered in this a

in the

e substantiall

caused antit

s in the natur

members of th

end Defenda

ent adjudicat

ed,

n a single for

e, effort, or

eeding throu

or obtaining

ly outweighs

action that w

ly

trust

re of

he

ants’

tion

rum

gh

s any

would


1

1

anticomp

markets a

1

Injunctiv

1

market al

Sherman

combined

result of

artificiall

1

suffer ha

Defendan

Injunctiv

alleged in

1

pravastat

(By Plai

Plaint57.

Defen58.

petitive schem

and custome

Had D59.

ve Class Mem

Defen60.

llocation of

n Act. By the

d in an unrea

this unreaso

ly inflated pr

Plaint61.

rm, as a resu

nts’ anticom

ve Class Mem

n this Comp

Plaint62.

tin indirectly

F

Violatiintiff and In

tiff incorpora

ndants knowi

me to fix, ra

ers for prava

Defendants c

mbers would

ndants intend

the markets

eir agreemen

asonable res

onable restrai

rices for prav

tiff and Injun

ult of paying

mpetitive con

mbers also fa

laint.

tiff and Injun

y from Defen

CLAIMS

FIRST CLA

ion of Shermnjunctive Cl

ates the prec

ingly, intent

aise, maintain

statin—and

competed ins

d have paid s

ded, and acco

for pravasta

nt, Defendant

traint of trad

int on compe

vastatin—an

nctive Class

g higher price

duct and con

ace a continu

nctive Class

ndants.

- 46 -

S FOR REL

AIM FOR R

man Act § 1lass Membe

ceding parag

tionally, and

n, and stabil

continue to

stead of cons

substantially

omplished, a

atin, which a

ts intentiona

de in violatio

etition, Plain

nd continue t

Members ha

es for pravas

ntinuing anti

uing threat o

Members ha

LIEF

RELIEF

1, 15 U.S.C. ers Against A

graphs by ref

d cooperative

lize the price

do so.

spiring to re

y lower price

a price-fixin

are per se vio

ally and wron

on of Section

ntiff and Inju

to do so.

ave suffered

statin than th

icompetitive

of injury from

ave purchase

§ 1 All Defenda

ference.

ely engaged

es of pravast

strain trade,

es for pravas

ng conspiracy

olations of S

ngfully cons

n 1 of the Sh

unctive Clas

d harm, and a

hey would h

e agreements

m the unlaw

ed substantia

ants)

in an

tatin, and allo

Plaintiff and

tatin.

y and horizo

Section 1 of t

spired and

herman Act.

ss Members p

are continuin

have absent

s. Plaintiff an

wful conduct

al amounts o

ocate

d

ontal

the

As a

paid

ng to

nd

of


1

Federal R

Section 1

1

including

other app

unlawful

does not

1

1

anticomp

markets a

1

the mann

1

relevant m

1

agreemen

laws.

Plaint63.

Rule of Civil

1 of the Sher

Plaint64.

g disgorgeme

plicable law,

l conduct, an

reoccur in th

(By Pla

Plaint65.

Defen66.

petitive schem

and custome

Defen67.

ner explained

Defen68.

market to ha

Defen69.

nts between

tiff and Injun

l Procedure

rman Act.

tiff and Injun

ent of profit

, to correct fo

nd other relie

he future.

SE

aintiff and D

tiff incorpora

ndants knowi

me to fix, ra

ers for prava

ndants’ unlaw

d above.

ndants’ unlaw

arm competit

ndants’ actio

actual and p

nctive Class

57 and 28 U

nctive Class

s, pursuant t

for the antico

ef to ensure t

ECOND CL

State AntDamages Cla

ates the prec

ingly, intent

aise, maintain

statin —and

wful conduct

wful conduct

tion.

ns constitute

potential com

- 47 -

Members se

U.S.C. § 2201

Members al

to Section 16

ompetitive m

that the same

LAIM FOR

titrust Violaass Member

ceding parag

tionally, and

n, and stabil

d continue to

t harmed Pla

t covered a s

e horizontal

mpetitors and

eek a declara

1(a) that Def

lso seek equi

6 of the Clay

market effect

e or similar

R RELIEF

ations rs Against A

graphs by ref

d cooperative

lize the price

o do so.

aintiff and D

sufficiently s

market alloc

d are illegal p

atory judgme

fendants’ co

itable and in

yton Act, 15

s caused by

anticompetit

All Defenda

ference.

ely engaged

es of pravast

Damages Cla

substantial p

cation and pr

per se under

ent pursuant

nduct violat

njunctive reli

U.S.C. § 26

Defendants’

tive conduct

ants)

in an

tatin and allo

ass Members

percentage o

rice-fixing

r state antitru

t to

tes

ief,

6, and

’

t

ocate

s in

f the

ust


1

of the sta

supracom

to do so.

1

m

A

se

th

by

m

m

K

M

Defen70.

ates listed be

mpetitively p

Defen71.

members of th

Arizona by m

eq., with resp

he District of

y members o

members of th

members of th

Kansas by me

Massachusett

ndants’ supra

elow in that e

priced pravas

ndants’ cond

(a) Ala

he Damages

(b) Ar

members of th

(c) Ca

pect to purch

(d) D.C

f Columbia b

(e) Fla

of the Dama

(f) Ha

he Damages

(g) Iow

he Damages

(h) Ka

embers of th

(i) Ma

ts by membe

acompetitive

each purchas

statin caused

duct violated

a. Code § 6-

s Class;

iz. Rev. Stat

he Damages

al. Bus. Code

hases in Cal

C. Code Ann

by members

a. Stat. §§ 50

ages Class;

awaii Code §

s Class;

wa Code §§

s Class;

an. Stat. Ann

he Damages

ass. Gen. L.

ers of the Da

- 48 -

e pricing con

se by Plainti

d injury to th

the followin

-5-60, with r

t. §§ 44-140

s Class;

e §§ 16700, e

ifornia by m

n. §§ 28-450

s of the Dam

01.201, et se

§ 480, et seq.

553 et seq.,

n. §§ 50-101,

Class;

Ch. 93A, et

amages Class

nstitute a con

iff or a mem

heir business

ng state laws

respect to pu

1, et seq., wi

et seq., and C

members of th

01, et seq., w

mages Class;

eq., with resp

., with respe

with respect

, et seq., wit

seq., with re

s;

ntinuing viol

mber of the D

s or property

s:

urchases in A

ith respect to

Cal. Bus. Co

he Damages

with respect t

pect to purch

ect to purcha

t to purchase

th respect to

espect to pur

lation of the

Damages Clas

y—and contin

Alabama by

o purchases

ode §§ 1720

s Class;

to purchases

hases in Flor

ases in Hawa

es in Iowa by

purchases in

rchases in

laws

ss of

nue

in

0, et

s in

rida

aii by

y

n


- 49 -

(j) Me. Rev. Stat. Ann. 10, §§ 1101, et seq., with respect to purchases

in Maine by members of the Damages Class;

(k) Mich. Comp. Laws Ann. §§ 445.772, et seq., with respect to

purchases in Michigan by members of the Damages Class;

(l) Minn. Stat. §§ 325D.49, et seq., with respect to purchases in

Minnesota by members of the Damages Class;

(m) Miss. Code Ann. §§ 75-21-1, et seq., with respect to purchases in

Mississippi by members of the Damages Class;

(n) Neb. Code Ann. §§ 59-801, et seq., with respect to purchases in

Nebraska by members of the Damages Class;

(o) Nev. Rev. Stat. Ann. §§ 598A, et seq., with respect to purchases in

Nevada by members of the Damages Class;

(p) N.M. Stat. Ann. §§ 57-1-1, et seq., with respect to purchases in

New Mexico by members of the Damages Class;

(q) N.Y. Gen. Bus. L. §§ 340, et seq., with respect to purchases in

New York by members of the Damages Class;

(r) N.C. Gen. Stat. §§ 75-1, et seq., with respect to purchases in North

Carolina by members of the Damages Class;

(s) N.D. Cent. Code §§ 51-08.1-01, et seq., with respect to purchases

in North Dakota by members of the Damages Class;

(t) Or. Rev. Stat. §§ 6.46.705, et seq., with respect to purchases in

Oregon by members of the Damages Class;


R

pu

in

in

V

V

W

1

their busi

denied fr

paying hi

wrongful

prevent,

1

permitted

conduct.

Rhode Island

urchases in S

n Tennessee

n Utah by me

Vermont by m

Virginia by m

Wisconsin by

Plaint72.

iness or prop

ree and open

igher prices

l conduct. Th

and flow fro

Plaint73.

d by law for

(u) R.I

d by member

(v) S.D

South Dakot

(w) Ten

by members

(x) Uta

embers of th

(y) Vt

members of t

(z) W.

members of t

(aa) Wi

y members o

tiff and Dam

perty by Def

n competition

for pravasta

hese injuries

om that whic

tiff and Dam

the injuries

I. Gen. Laws

rs of the Dam

D. Codified L

ta by membe

nn. Code An

s of the Dam

ah Code Ann

he Damages

. Stat. Ann. 9

the Damage

.Va. Code §§

the Damages

is. Stat. §§ 1

of the Damag

mages Class M

fendants’ ant

n between co

atin than they

s are of the ty

ch makes De

mages Class M

they suffere

- 50 -

s §§ 6-36-1 e

mages Class;

Laws Ann. §

ers of the Da

nn. §§ 47-25

mages Class;

n. §§ 76-10-

Class;

9, §§ 2453, e

s Class;

§ 47-18-3, e

s Class; and

33.03, et seq

ges Class.

Members hav

titrust violat

ompetitors in

y would hav

ype the abov

efendants’ co

Members see

ed as a result

et seq., with

;

§§ 37-1, et s

amages Clas

5-101, et seq

-3101, et seq

et seq., with

t seq., with r

q., with resp

ave been and

tions. Their i

n the market

ve paid in the

ve antitrust l

onduct unlaw

ek damages

t of Defenda

respect to p

seq., with res

ss;

q., with respe

q., with respe

h respect to p

respect to pu

pect to purch

d continue to

injuries cons

ts for pravas

e absence of

laws were de

wful.

and multiple

ants’ anticom

purchases in

spect to

ect to purcha

ect to purcha

purchases in

urchases in W

hases in

be injured i

sist of: (1) be

statin; and (2

f Defendants

esigned to

e damages a

mpetitive

ases

ases

West

in

eing

2)

’

as


1

and Dam

1

practices

1

1

in this Co

1

of pravas

1

Members

1

economic

to the eco

1

from any

considera

Damages

1

any reme

Defen74.

mages Class M

Defen75.

in violation

(By Pla

Plaint76.

To the77.

omplaint.

Defen78.

statin made p

Defen79.

s’ overpaym

Plaint80.

c benefit upo

onomic detri

It wou81.

y party with w

ation to anyo

s Class Mem

It wou82.

edy against t

ndants are jo

Members.

ndants have e

n of the abov

T

aintiff and D

tiff incorpora

e extent requ

ndants have b

possible by t

ndants’ finan

ments for prav

tiff and Dam

on Defendan

iment of Pla

uld be futile

whom they h

one for any o

mbers.

uld be futile

he immediat

intly and sev

engaged in u

ve-listed state

THIRD CLA

UnjusDamages Cla

ates the prec

uired, this cla

benefited an

the unlawful

ncial benefits

vastatin.

mages Class M

nts in the nat

aintiff and Da

for Plaintiff

had or have

of the benefi

for Plaintiff

te intermedia

- 51 -

verally liable

unfair compe

e antitrust la

AIM FOR R

st Enrichmeass Member

ceding parag

aim is plead

nd continue t

l and inequit

s are traceab

Members hav

ture of profit

amages Clas

f and Damag

privity of co

its they recei

f and Damag

ary in the ch

e for all dam

etition or unf

aws.

RELIEF

ent rs Against A

graphs by ref

ded in the alte

o benefit fro

table acts all

ble to Plaintif

ave conferred

ts resulting f

ss Members.

ges Class Me

ontract. Defe

ived indirect

ges Class Me

hain of distri

mages suffere

fair or decep

All Defenda

ference.

ernative to th

om the overc

leged in this

ff’s and Dam

d and continu

from unlawf

.

embers to se

endants have

tly from Plai

embers to se

ibution from

ed by Plainti

ptive acts or

ants)

he other clai

charges on sa

Complaint.

mages Class

ue to confer

ful overcharg

ek a remedy

e paid no

intiff and

ek to exhaus

m which they

iff

ims

ales

an

ges,

y

st


indirectly

Plaintiff

1

artificiall

practices

1

Damages

Defendan

1

of the sta

overchar

Defendan

1

Plaintiff

1

they rece

1

Defendan

1

A

judgment

y purchased

and Damage

The ec83.

ly inflated pr

.

The fi84.

s Class Mem

nts’ benefit.

It wou85.

ates in the Un

ges Plaintiff

nts’ unfair an

Defen86.

and the Dam

Defen87.

eived in a com

A con88.

nts received

Plaint89.

Accordingly,

t that:

pravastatin,

es Class Mem

conomic ben

rices for prav

inancial bene

mbers, who p

uld be inequi

nited States

f and Damag

nd unconscio

ndants are aw

mages Class.

ndants should

mmon fund

nstructive tru

that are trac

tiff and Dam

Plaintiff, on

as those inte

mbers for De

nefit Defend

vastatin is a

efits Defend

paid, and con

itable under

and the Dist

ges Class Me

onable meth

ware of and a

d be compel

for the bene

ust should be

ceable to Pla

mages Class M

DEMAND

n its own beh

- 52 -

ermediaries

efendants’ u

dants derived

direct and p

dants derived

ntinue to pay

unjust enric

trict of Colum

embers paid

hods, acts, an

appreciate th

led to disgor

efit of Plainti

e imposed up

intiff and Da

Members hav

FOR JUDG

half and on b

are not liabl

unlawful con

d from charg

proximate re

d rightfully b

y, anticompe

chment princ

mbia for De

for pravasta

nd trade prac

he benefits b

rge all unlaw

iff and Dam

pon all unlaw

amages Clas

ave no adequ

GMENT

behalf of the

le and would

nduct.

ging monopo

sult of Defen

belong to Pla

etitive prices

ciples under

efendants to r

atin that were

ctices.

bestowed upo

wful or inequ

ages Class M

wful or inequ

ss Members.

uate remedy

e proposed C

d not compen

olistic and

ndants’ unla

aintiff and

that inured

the laws of

retain any of

e derived fro

on them by

uitable proce

Members.

uitable sums

.

at law.

Classes, dem

nsate

awful

to

each

f the

om

eeds

s

ands


- 53 -

A. Determines that this case may be maintained as a class action pursuant to Federal

Rule of Civil Procedure 23(a), (b)(2), and (b)(3), directs that reasonable notice of this case be

given to members of the Classes under Rule 23(c)(2), and declares that Plaintiff is a proper

representative of the Classes;

B. Declares that Defendants’ conduct violated Section 1 of the Sherman Act, the

other state statutes set forth above, and the common law of unjust enrichment;

C. Enjoins Defendants from continuing their illegal activities;

D. Enters judgment against Defendants joint and severally and in favor of Plaintiff

and the Classes;

E. Grants Plaintiff and the Injunctive Class equitable relief in the nature of

disgorgement, restitution, and the creation of a constructive trust to remedy Defendants’ unjust

enrichment;

F. Awards the Plaintiff and the Damages Class damages and, where applicable,

treble, multiple, punitive, and other damages, in an amount to be determined at trial, including

interest;

G. Awards Plaintiff and the Classes their costs of suit, including reasonable

attorneys’ fees as provided by law; and

H. Grants further relief as necessary to correct for the anticompetitive market effects

caused by Defendants’ unlawful conduct, as the Court deems just.



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UNITED STATES DISTRICT COURTT EASTERN DISTRICT OF … · ORATORIE MACEUTI UTICALS, RMACEUT UTICALS U EUTICALS dants. iff UFCW L ngs this cla obtain injun ted have sus world, arisin