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.
On August 19, 2024, the Court entered an Order amending the deadline for Settlement Counsel to request attorneys' fees, reimbursement of expenses, and service awards for the class representatives from August
23, 2024 to September 23, 2024. The Order can be found here. Promptly after that Motion is filed on September 23, 2024, you will be able to review it here.
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 settlements with the Apotex, Breckenridge, and Heritage Defendants can be found on the Apotex/Breckenridge/Heritage Settlements page of this website.
What is the lawsuit about?
A proposed Settlement has been reached in a class action lawsuit (“the Lawsuit”), which alleges that Sandoz Inc. and Fougera 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 deny liability as alleged in the Lawsuit. The Court has not decided who is right. The proposed Settlement does 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?
You are part of the Settlement Class if you are a person or entity in the United States and its territories that purchased one or more Named Generic Drugs directly from one or more Current or Former Defendants at any time from May 1, 2009 until December 31, 2019. More specifically, on June 26, 2024, the Court certified the Settlement Class. The class definition is:
The Named Generic Drugs and Current and Former Defendants are listed available on the Long Form Notice/FAQs page of this website.
If you are not sure whether you are included in these Settlement Class, you may call or write to the lawyers in this case at the telephone numbers or addresses listed in Question 11 of the Notice. If you wish to exclude yourself from one or more of these Settlement Class, please refer to Question 6 of the Notice.
What does the Settlement provide?
The Settling Defendants have agreed to pay a total of $265,000,000.00 in cash (which may be reduced to $233,200,000.00 or increased to as much as $327,351,850.00 under certain circumstances as explained in the Settlement) to an interest-bearing escrow account (“Settlement Fund”) for the benefit of the Settlement Class. The Settlement Fund shall be held in escrow pending finality of the Settlement Agreement. The Settling Defendants have also agreed to provide substantial cooperation to the DPPs in the continued litigation against the remaining Defendants.
Settlement Class Counsel will apply to the Court no later than November 22, 2024 for reimbursement of past unreimbursed expenses and for future expenses not to exceed a total of $2 million, and service awards to the four Settling Plaintiffs of $20,000 each for their services to the Settlement Class. The Settlement also provides for payment of up to $250,000 in total for the costs of administering the Settlement and making distributions from the fund. In addition, Settlement Class Counsel will ask the Court for payment of attorneys’ fees. For purposes of the objection and opt-out deadline of October 8, 2024, Settlement Class Members should assume that Settlement Class Counsel will seek attorney’s fees of up to one third of the net Settlement Funds to date, after expenses and service awards have been deducted and including interest (and including the Settlement Funds from DPPs’ prior Settlements). Settlement Class Members will have the opportunity to review, and object to, Settlement Class Counsel’s motion for attorneys’ fees after it is filed and before the Court rules. All motions for expenses, attorneys’ fees, and service awards shall be posted on the settlement website: GenericDrugsDirectPurchaserSettlement.com.
If approved by the Court, the Settlement Fund, minus any court-awarded fees and expenses to Settlement Class Counsel, costs of settlement notice and administration, and service awards to Settling Plaintiffs (“Net Settlement Fund”) will be distributed to the Settlement Class Members who return valid and timely Claim Forms. The distribution will be made on a pro rata basis, consistent with each Settlement Class Member’s aggregate weighted share of total Settlement Class’s purchases of the Named Generic Drugs from Defendants. In the event that data from Defendants is not available to calculate a Settlement Class Member’s pro rata share, such Settlement Class Member will be required to submit data showing its relevant direct purchases as requested by the Claims Administrator. As a general matter, a claimant’s pro rata share will be based on data from Defendants, and claimants will not be permitted to submit their own purchase data to contest these figures. This is because of the time and expense that would be involved in analyzing such additional data (expenses that would be paid out of the Settlement Fund itself), and because transaction data from Defendants is considered reliable. More information about how Settlement Class Members’ shares will be calculated is available in the Plan of Allocation, on the Court Documents page of this website.
A proposed Settlement has been reached in a class action lawsuit (“the Lawsuit”), which alleges that Sandoz Inc. and Fougera 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 deny liability as alleged in the Lawsuit. The Court has not decided who is right. The proposed Settlement does 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?
You are part of the Settlement Class if you are a person or entity in the United States and its territories that purchased one or more Named Generic Drugs directly from one or more Current or Former Defendants at any time from May 1, 2009 until December 31, 2019. More specifically, on June 26, 2024, the Court certified the Settlement Class. The class definition is:
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 until December 31, 2019.
Excluded from the Settlement Class 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.
Excluded from the Settlement Class 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 Named Generic Drugs and Current and Former Defendants are listed available on the Long Form Notice/FAQs page of this website.
If you are not sure whether you are included in these Settlement Class, you may call or write to the lawyers in this case at the telephone numbers or addresses listed in Question 11 of the Notice. If you wish to exclude yourself from one or more of these Settlement Class, please refer to Question 6 of the Notice.
What does the Settlement provide?
The Settling Defendants have agreed to pay a total of $265,000,000.00 in cash (which may be reduced to $233,200,000.00 or increased to as much as $327,351,850.00 under certain circumstances as explained in the Settlement) to an interest-bearing escrow account (“Settlement Fund”) for the benefit of the Settlement Class. The Settlement Fund shall be held in escrow pending finality of the Settlement Agreement. The Settling Defendants have also agreed to provide substantial cooperation to the DPPs in the continued litigation against the remaining Defendants.
Settlement Class Counsel will apply to the Court no later than November 22, 2024 for reimbursement of past unreimbursed expenses and for future expenses not to exceed a total of $2 million, and service awards to the four Settling Plaintiffs of $20,000 each for their services to the Settlement Class. The Settlement also provides for payment of up to $250,000 in total for the costs of administering the Settlement and making distributions from the fund. In addition, Settlement Class Counsel will ask the Court for payment of attorneys’ fees. For purposes of the objection and opt-out deadline of October 8, 2024, Settlement Class Members should assume that Settlement Class Counsel will seek attorney’s fees of up to one third of the net Settlement Funds to date, after expenses and service awards have been deducted and including interest (and including the Settlement Funds from DPPs’ prior Settlements). Settlement Class Members will have the opportunity to review, and object to, Settlement Class Counsel’s motion for attorneys’ fees after it is filed and before the Court rules. All motions for expenses, attorneys’ fees, and service awards shall be posted on the settlement website: GenericDrugsDirectPurchaserSettlement.com.
If approved by the Court, the Settlement Fund, minus any court-awarded fees and expenses to Settlement Class Counsel, costs of settlement notice and administration, and service awards to Settling Plaintiffs (“Net Settlement Fund”) will be distributed to the Settlement Class Members who return valid and timely Claim Forms. The distribution will be made on a pro rata basis, consistent with each Settlement Class Member’s aggregate weighted share of total Settlement Class’s purchases of the Named Generic Drugs from Defendants. In the event that data from Defendants is not available to calculate a Settlement Class Member’s pro rata share, such Settlement Class Member will be required to submit data showing its relevant direct purchases as requested by the Claims Administrator. As a general matter, a claimant’s pro rata share will be based on data from Defendants, and claimants will not be permitted to submit their own purchase data to contest these figures. This is because of the time and expense that would be involved in analyzing such additional data (expenses that would be paid out of the Settlement Fund itself), and because transaction data from Defendants is considered reliable. More information about how Settlement Class Members’ shares will be calculated is available in the Plan of Allocation, on the Court Documents page of this website.
IMPORTANT DATES
Exclusion Deadline
October 8, 2024
October 8, 2024
Objection/Notice of Appearance Deadline
October 8, 2024
October 8, 2024
Fairness Hearing
Monday, March 17, 2025 at 10:31 a.m.
Monday, March 17, 2025 at 10:31 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 Class and/or seek a share of the proposed Settlement. If the Court decides
to give the proposed Settlement 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. If you received a Notice in the mail, a Claim Form will be mailed to you at a later date. 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 CLASS | You may choose to exclude yourself, or “opt-out,” from the Settlement Class. If you decide to exclude yourself from a Settlement, 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 SETTLEMENT | If you remain in the Settlement Class, you may object to all or any part of the proposed Settlement, and may write to the Court about why you do not like the proposed Settlement. |
| GET MORE INFORMATION | If you would like to obtain more information about the Lawsuit or the Settlement, you can send questions to the lawyers or Claims Administrator identified in the notice and/or ask to attend the hearing at which the Court will evaluate the proposed Settlement. |
These rights and options – and the deadlines to exercise them – are explained in the Notice.
This official website is maintained by the Claims Administrator retained and supervised by Settlement Class Counsel.
Below are links to certain Court documents related to the Settlements.
You can read the filed Complaints by clicking here.
You can read the filed Complaints by clicking here.
Court Documents
- Settlement Agreement
- Plan of Allocation
- Order Regarding DPPs’ Sandoz Settlement 6/26/2024
- DPPs' Unopposed Motion to Extend Para 26 Deadline in Sandoz Settlement 08/16/2024
- Order Granting Extension to Para 26 of Sandoz Settlement 08/19/2024
- DPPs Motion for an Order Granting Fees, Expenses, and Service Awards