April 29 (Reuters) - Pfizer ( PFE ) has agreed to pay
$25.5 million to resolve claims that its predecessor Wyeth
conspired with rival Teva to delay launching a less
expensive generic version of antidepressant Effexor XR, in
addition to a $39 million settlement disclosed earlier this
month.
Lawyers for plaintiffs asked a New Jersey federal judge to
approve the deal in a motion filed Friday. The money would go to
a proposed class of so-called indirect purchasers that bought
Effexor XR from intermediaries rather than from Wyeth itself.
The proposed deal allocates 78% of the funds to third-party
payors, like insurance companies and employee health plans, and
22% to individual consumers, according to the motion.
Plaintiffs' attorneys would take 34%, or about $8.7 million, in
fees.
Pfizer ( PFE ), which did not admit wrongdoing, said in a statement
that the claims were without merit but that the settlement was
"fair, reasonable and the best way to resolve this litigation."
James Cecchi, lead attorney for the plaintiffs, declined to
comment.
The previous $39 million settlement, for which lawyers
sought approval earlier this month, covered a proposed class of
purchasers that bought Effexor XR directly from Wyeth, such as
drug wholesalers.
If approved by a judge, the settlements would end more than
12 years of litigation claiming that Wyeth's dealings with Teva
violated U.S. antitrust law. The lawsuits would continue against
Teva, which is not part of the deals.
Wyeth generated annual sales of $4 billion from Effexor XR,
its biggest product, before Teva launched a generic alternative
in 2010. Pfizer ( PFE ) acquired Wyeth in 2009 for $67 billion.
In their lawsuit, the plaintiffs alleged they paid
artificially higher prices for Effexor XR because Wyeth and Teva
agreed to suppress generic competition for the drug. Wyeth was
accused of making a so-called "reverse payment" to Teva to delay
its less expensive version.
Some retailer plaintiffs such as Kroger ( KR ), Walgreens, CVS,
Meijer and Rite Aid ( RADCQ ) previously settled individual actions
against Wyeth.
The case is In re: Effexor XR Antitrust Litigation, U.S.
District Court for the District of New Jersey, No.
3:11-cv-05479.
For the indirect purchaser plaintiffs: James Cecchi of
Carella, Byrne, Cecchi, Brody & Agnello; and Michael Buchanan of
Motley Rice
For Pfizer ( PFE ): Raj Gandesha of White & Case; and Liza Walsh of
Walsh Pizzi O'Reilly Falanga
Read more:
Pfizer's ( PFE ) Wyeth reaches $39 million settlement in Effexor XR
antitrust case
(Reporting By Brendan Pierson in New York)