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.
UPDATE:
On September 14, 2022, the Court entered an Order extending the objection and exclusion deadlines to January 10, 2023 and rescheduling the Fairness Hearing
to March 8, 2023 at 10:30 a.m. A copy of the Order is available on the Court Documents page.
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.
What is the lawsuit about? Two proposed settlements (the “Settlements”) have been reached in a class action lawsuit (“the Lawsuit”), which
alleges that Sun Pharmaceutical Industries, Inc. and its affiliates Caraco Pharmaceutical Laboratories, Ltd., Mutual Pharmaceutical Company, Inc., and
URL Pharma, Inc., and Taro Pharmaceuticals U.S.A., Inc. (collectively “Settling Defendants”) violated the federal antitrust laws by conspiring with
other generic drug manufacturers 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
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 certified a Settlement Class that 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 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 Class are 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 Defendants are available on the Court Document page of this website. 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 by Settling Defendants: (1) $17,357,000 payment by Sun Pharmaceutical Industries, Inc. and its affiliates Caraco Pharmaceutical Laboratories, Ltd., Mutual Pharmaceutical Company, Inc., and URL Pharma, Inc. and (2) $67,643,000 payment by Taro Pharmaceuticals U.S.A., Inc. These payments (collectively $85,000,000) will comprise the total “Settlement Fund.” The Settlement Fund may be reduced by up to $10 million or increased to a maximum of $105 million under certain circumstances as explained in the Settlement Agreements. In addition, the attorneys who have worked on the Lawsuit for the Settlement Class will seek Court approval to pay expenses, attorneys’ fees of up to one-third of the Settlement Fund, including interest, after expenses (and service awards) are deducted, and service awards for the class representatives (or named plaintiffs) out of the Settlement Fund. Any motion for expenses and service awards and to set aside one-third of the remaining Settlement Fund (plus accrued interest) for payment of attorneys’ fees will be posted on the settlement website GenericDrugsDirectPurchaserSettlement.com once they are filed on August 9, 2022. Settlement Class Counsel will file a motion for an award of fees at a later appropriate time.
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.
Who is included? The Court certified a Settlement Class that 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 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 Class are 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 Defendants are available on the Court Document page of this website. 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 by Settling Defendants: (1) $17,357,000 payment by Sun Pharmaceutical Industries, Inc. and its affiliates Caraco Pharmaceutical Laboratories, Ltd., Mutual Pharmaceutical Company, Inc., and URL Pharma, Inc. and (2) $67,643,000 payment by Taro Pharmaceuticals U.S.A., Inc. These payments (collectively $85,000,000) will comprise the total “Settlement Fund.” The Settlement Fund may be reduced by up to $10 million or increased to a maximum of $105 million under certain circumstances as explained in the Settlement Agreements. In addition, the attorneys who have worked on the Lawsuit for the Settlement Class will seek Court approval to pay expenses, attorneys’ fees of up to one-third of the Settlement Fund, including interest, after expenses (and service awards) are deducted, and service awards for the class representatives (or named plaintiffs) out of the Settlement Fund. Any motion for expenses and service awards and to set aside one-third of the remaining Settlement Fund (plus accrued interest) for payment of attorneys’ fees will be posted on the settlement website GenericDrugsDirectPurchaserSettlement.com once they are filed on August 9, 2022. Settlement Class Counsel will file a motion for an award of fees at a later appropriate time.
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.
IMPORTANT DATES
Exclusion Deadline
January 10, 2023
January 10, 2023
Objection/Notice of Appearance Deadline
January 10, 2023
January 10, 2023
Fairness Hearing
March 8, 2023 at 10:30 a.m.
March 8, 2023 at 10:30 a.m.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
|---|---|
| WHEN YOU RECEIVE A CLAIM FORM, PROMPTLY COMPLETE AND RETURN IT |
You do not need to do anything now to retain your right to stay in the Settlement Class 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, then you
will need to complete, sign, and return a Claim Form to obtain a share of the proposed Settlements. If you received a Notice in the mail, a Claim Form will be mailed to you at a later date. While we anticipate using Defendants’ sales data to show eligible purchases, if such information or data is not available from Defendants, you may be asked to provide information or 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 addresses: 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 may be asked to provide information or data proving that you are a member of the Settlement Class. You also may be asked to provide data showing your eligible purchases if such data is not available from Defendants. |
| EXCLUDE YOURSELF FROM THE SETTLEMENT | You may choose to exclude yourself, or “opt out,” from the Settlement Class. If you decide to exclude yourself, you will not be bound by any decision in this Lawsuit relating to 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 the Notice and/or attend the hearing at which time the Court will evaluate the proposed Settlements. |
These rights and options – and the deadlines to exercise them – are explained in the Notice.