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.

What is the lawsuit about? Three additional 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, including interest, into an escrow account for a future request for attorneys’ fees. Any motion for expenses, service awards and 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 is set forth in the Plan of Allocation, which also is available on GenericDrugsDirectPurchaserSettlement.com.

These rights and options – and the deadlines to exercise them – are explained in the Notice.