July 7 (Reuters) - Southwest Airlines ( LUV ) has sued a
group of drugmakers in U.S. court for allegedly participating in
a price-fixing conspiracy that caused the airline to overpay for
purchases of hundreds of millions of dollars in medications for
employees.
Southwest ( LUV ) alleged it was overcharged by generic drugmakers
including Sandoz, Teva and Sun starting in May 2009. The
lawsuit, filed in the federal court in Philadelphia and unsealed
on July 3, said the companies violated antitrust law by
coordinating on pricing.
Sandoz, Teva and Sun did not immediately respond to requests
for comment.
Southwest ( LUV ) in a statement said it sued after discovering
evidence of what it called a widespread price-fixing conspiracy
among dozens of generic drug makers.
State attorneys general and other plaintiffs are pursuing
related antitrust allegations against generic drugmakers in
federal court in Connecticut. Related class actions from drug
wholesalers and others are pending in the Philadelphia court.
Generic drugmakers Apotex and Heritage Pharmaceuticals last
year agreed to pay nearly $50 million to settle claims by
Connecticut and other states that accused them of conspiring to
artificially inflate prices.
Switzerland-based Sandoz in February agreed to pay $275
million to resolve claims by U.S. consumers and others who had
accused the company of conspiring to fix prices.
Southwest ( LUV ) paid health claims for its employees and retirees
from its corporate assets and did not otherwise rely on
third-party insurance. The airline's lawsuit said it paid
"massive" unspecified overcharges for generic medications.
The complaint said generic drugmakers were "systematically
and routinely communicating with each other directly about bids,
pricing, and market entries and exits for hundreds of generic
drugs."
Other employers - including General Motors ( GM ), Target ( TGT ) and
American Airlines ( AAL ) - had sued the same defendants last year,
claiming billions of dollars in overcharges.
The case is Southwest Airlines Co ( LUV ) v. Actavis Holdco U.S. Inc
et al, U.S. District Court for the Eastern District of
Pennsylvania, No. 2:25-cv-02951-CMR.
For plaintiffs: Karma Giulianelli and Sundeep Addy of
Bartlit Beck
For defendants: No appearances yet
Read more:
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Sandoz to pay $275 million to settle drug price-fixing case
Drugmakers Apotex, Heritage to pay $49 mln to resolve
states' price-fixing claims