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Pfizer to pay $25.5 mln to settle remaining Effexor XR antitrust claims
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Pfizer to pay $25.5 mln to settle remaining Effexor XR antitrust claims
Apr 29, 2024 2:12 PM

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)

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