If you purchased certain named generic pharmaceutical drugs directly from certain pharmaceutical manufacturers from May 1, 2009 through December 31, 2019, your rights may be affected by proposed class action settlements.
The information contained on this website is only a summary. You may download a copy of the full Notice by clicking here. Since this website
is just a summary, you should review the Notice and Settlement Agreements for additional details. The Settlement Agreements are available by clicking
here.
Information regarding the previous settlements with the Sun and Taro Defendants—including the May 6, 2024 deadline to return a Claim Form —can be found on the Sun/Taro Settlement Settlements page of this website.
Information regarding the previous settlements with the Sun and Taro Defendants—including the May 6, 2024 deadline to return a Claim Form —can be found on the Sun/Taro Settlement Settlements page of this website.
What is the lawsuit about? Three proposed settlements have been reached in a class action lawsuit (“the Lawsuit”), which alleges
that Breckenridge Corp., Apotex Corp., and Heritage Pharmaceuticals Inc., (collectively “Settling Defendants”) and other generic drug manufacturers
violated the federal antitrust laws by conspiring to fix, maintain, and stabilize prices, rig bids, and engage in market and customer allocations of
certain generic drugs (the “Named Generic Drugs”), causing direct purchasers of the Named Generic Drugs to pay more than they should have. The Settling
Defendants, who are defined to also include Emcure Pharmaceutical Ltd., the owner of Heritage Pharmaceuticals Inc and Satish Mehta, one of its owners,
deny liability as alleged in the Lawsuit. The Court has not decided who is right. The proposed Settlements do not resolve any of the claims of the
Settlement Class against the remaining Defendants. The Lawsuit against the remaining Defendants is ongoing.
Who is included? The Court has certified three Settlement Classes, one Settlement Class for each proposed Settlement: (1) the Breckenridge Settlement Class, (2) the Apotex Settlement Class, and (3) the Heritage Settlement Class. Each Settlement Class includes all persons or entities, and their successors and assigns, that directly purchased one or more of the Named Generic Drugs from one or more Current or Former Defendants in the United States and its territories and possessions, at any time during the period from May 1, 2009 through December 31, 2019. Excluded from the Settlement Classes are Current and Former Defendants and their present and former officers, directors, management, employees, subsidiaries, or affiliates, judicial officers and their personnel, and all governmental entities. The Settlement Agreements listing the Named Generic Drugs and Current and Former Defendants are available on the settlement website: enericDrugsDirectPurchaserSettlement.com. The Settlement Agreements also are on public file with the United States District Court for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, PA 19106 in the case In re: Generic Pharmaceuticals Pricing Antitrust Litigation, Case No. 2:16-MD-02724.
What do the settlements provide? The proposed Settlements provide for the following payments: (1) a $5,000,000.00 payment by the Settling Defendant Breckenridge Corp.; (2) a $30,000,000.00 payment from Settling Defendant Apotex Corp.; and (3) a $10,000,000.00 payment from Settling Defendants Heritage Pharmaceuticals Inc., Emcure Pharmaceuticals Ltd., and Satish Mehta. These payments will comprise the total $45,000,000.00 “Settlement Fund.” The Settlement Fund may be reduced by up to $4,245,000.00 or increased to a maximum of $55,735,294.10 under certain circumstances as explained in the Settlement Agreements. In addition, the Direct Purchaser Plaintiff (“DPP”) attorneys who have worked on the Lawsuit for the Settlement Classes will seek Court approval to pay expenses, and service awards for the class representatives (or named plaintiffs) out of the Settlement Fund. DPP attorneys will also request that the Court set aside up to one third of the Settlement Fund plus a proportionate amount of interest for a future request for attorneys’ fees. Any motion for expenses and service awards or for a set-aside for a future request for attorneys’ fees will be posted on the settlement website GenericDrugsDirectPurchaserSettlement.com no later than May 13, 2024. The calculations of the dollar amount that each Settlement Class Member will be paid from the Settlement Fund are set forth in the Plan of Allocation, which also is available on info@GenericDrugsDirectPurchaserSettlement.com.
Who is included? The Court has certified three Settlement Classes, one Settlement Class for each proposed Settlement: (1) the Breckenridge Settlement Class, (2) the Apotex Settlement Class, and (3) the Heritage Settlement Class. Each Settlement Class includes all persons or entities, and their successors and assigns, that directly purchased one or more of the Named Generic Drugs from one or more Current or Former Defendants in the United States and its territories and possessions, at any time during the period from May 1, 2009 through December 31, 2019. Excluded from the Settlement Classes are Current and Former Defendants and their present and former officers, directors, management, employees, subsidiaries, or affiliates, judicial officers and their personnel, and all governmental entities. The Settlement Agreements listing the Named Generic Drugs and Current and Former Defendants are available on the settlement website: enericDrugsDirectPurchaserSettlement.com. The Settlement Agreements also are on public file with the United States District Court for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, PA 19106 in the case In re: Generic Pharmaceuticals Pricing Antitrust Litigation, Case No. 2:16-MD-02724.
What do the settlements provide? The proposed Settlements provide for the following payments: (1) a $5,000,000.00 payment by the Settling Defendant Breckenridge Corp.; (2) a $30,000,000.00 payment from Settling Defendant Apotex Corp.; and (3) a $10,000,000.00 payment from Settling Defendants Heritage Pharmaceuticals Inc., Emcure Pharmaceuticals Ltd., and Satish Mehta. These payments will comprise the total $45,000,000.00 “Settlement Fund.” The Settlement Fund may be reduced by up to $4,245,000.00 or increased to a maximum of $55,735,294.10 under certain circumstances as explained in the Settlement Agreements. In addition, the Direct Purchaser Plaintiff (“DPP”) attorneys who have worked on the Lawsuit for the Settlement Classes will seek Court approval to pay expenses, and service awards for the class representatives (or named plaintiffs) out of the Settlement Fund. DPP attorneys will also request that the Court set aside up to one third of the Settlement Fund plus a proportionate amount of interest for a future request for attorneys’ fees. Any motion for expenses and service awards or for a set-aside for a future request for attorneys’ fees will be posted on the settlement website GenericDrugsDirectPurchaserSettlement.com no later than May 13, 2024. The calculations of the dollar amount that each Settlement Class Member will be paid from the Settlement Fund are set forth in the Plan of Allocation, which also is available on info@GenericDrugsDirectPurchaserSettlement.com.
IMPORTANT DATES
Exclusion Deadline
June 27, 2024
June 27, 2024
Objection/Notice of Appearance Deadline
June 27, 2024
June 27, 2024
Fairness Hearing
Monday, Sept. 23, 2024 at 11:00 a.m.
Monday, Sept. 23, 2024 at 11:00 a.m.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
|---|---|
| FILE A CLAIM |
You do not need to do anything now to retain your right to stay in the Settlement Classes and/or seek a share of the proposed Settlements. If the Court decides
to give the proposed Settlements Final Approval and you are a Settlement Class Member in any of the Settlement Classes, then you will need to
complete, sign and return a Claim Form to obtain a share of the proposed Settlement(s). If you received a Notice in the mail, a Claim Form will be mailed to you at a later date. You may be asked to provide data showing your eligible purchases. If you did not receive a Notice in the mail and you think you are a potential Settlement Class Member, please identify yourself by letter or email to the following address: In re: Generic Pharmaceuticals Pricing Antitrust Litigation – Direct Purchasers, c/o A.B. Data, Ltd., P.O. Box 173095, Milwaukee, WI 53217. Email: info@GenericDrugsDirectPurchaserSettlement.com. You will be asked to provide information or data proving that you are a member of a Settlement Class. You also may be asked to provide data showing your eligible purchases. |
| EXCLUDE YOURSELF FROM THE SETTLEMENT | You may choose to exclude yourself, or “opt-out,” from any of the three Settlement Classes. If you decide to exclude yourself from a Settlement, you will not be bound by any decision in this Lawsuit relating to that Settling Defendant. If you choose to exclude yourself from all three Settlements, you will not be bound by any decision in this lawsuit relating to any of the Settling Defendants. This is the only option that allows you to ever be part of any lawsuit (other than this Lawsuit) against the Settling Defendants relating to the legal claims against the Settling Defendants in this case. |
| STAY IN THE LAWSUIT BUT OBJECT TO THE SETTLEMENTS | If you object to all or any part of the proposed Settlements, you may write to the Court about why you do not like the proposed Settlements. |
| GET MORE INFORMATION | If you would like to obtain more information about the Lawsuit or the Settlements, you can send questions to the lawyers or Claims Administrator identified in this notice and/or ask to attend the hearing at which the Court will evaluate the proposed Settlements. |
These rights and options – and the deadlines to exercise them – are explained in the Notice.