Oct 31 (Reuters) - A federal judge on Friday said 36
drugmakers and executives must face nearly all claims in an
antitrust lawsuit brought by most U.S. states, accusing them of
conspiring to fix prices of 80 generic drugs.
Chief Judge Michael Shea of the federal district court in
Connecticut rejected claims that 45 states, the District of
Columbia and four U.S. territories waited an unreasonably long
time to pursue federal antitrust claims, and missed formal
deadlines to file similar claims under state laws.
Led by Connecticut, the states accused drugmakers including
Pfizer ( PFE ), Perrigo ( PRGO ) and Sandoz of
conspiring to raise prices, limit competition and allocate
customers for drugs, primarily for skin ailments, between 2009
and 2016.
In a 130-page decision, Shea said the defendants failed to
show that the states "lacked diligence" in pursuing their case,
citing evidence that the defendants pursued "affirmative acts"
to conceal their alleged collusion.
"A reasonable juror could find that the defendants' 'blaming
supply,' making uncompetitively high bids, and falsely citing
production costs for increased prices were aimed at concealing
their alleged conspiracy," the Hartford-based judge wrote.
Lawyers for Pfizer ( PFE ), Perrigo ( PRGO ) and Sandoz did not immediately
respond to requests for comment after market hours. A
spokeswoman for Connecticut Attorney General William Tong did
not immediately respond to a similar request.
Brand names of some products in the case included the acne
medication Differin, anti-fungal medicine Lotrimin AF Cream, and
Ritalin for attention deficit disorder and attention deficit
hyperactivity disorder.
The case is Connecticut et al v. Sandoz Inc et al, U.S.
District Court, District of Connecticut, No. 20-00802.