In re: Namenda Direct Purchaser Litigation

Case Number:  15-cv-07488
Court:  Southern District of New York
Judge:  Colleen McMahon
Status:  Settled

Garwin Gerstein & Fisher LLP served as co-lead counsel on behalf of a class of direct purchasers.  A $750 million settlement was reached in 2019.

Direct Purchaser Plaintiffs alleged that Forest Laboratories, LLC, Actavis plc, Forest Laboratories, Inc., and Forest Laboratories Holdings Ltd. (“Forest” or “Defendants”) violated federal antitrust laws by unlawfully delaying the introduction of generic versions of the prescription drug Namenda IR into the United States market, causing injury to direct purchaser plaintiffs and members of the class by depriving them of the opportunity to purchase lower-priced generic versions of Namenda. The lawsuit claimed that, among other things, Forest engaged in a “hard switch” to shift the market to brand Namenda XR prior to the generic entry of Namenda IR, and that Forest entered into a “reverse payment” agreement with Mylan Pharmaceuticals Inc. to agree to delay Mylan’s and other generic manufacturers’ launch of generic Namenda IR. Plaintiffs argued that, as a result of these actions, Forest willfully maintained monopoly power in the market for Namenda IR in the United States, thereby maintaining the price of Namenda IR at supra-competitive levels, and overcharging plaintiffs and members of the proposed class.

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  1. First Amended Class Action Complaint
  2. Opinion on Class Certification and Summary Judgment
  3. Settlement Agreement
  4. Order Granting Preliminary Approval of Settlement
  5. Plan of Allocation
  6. Declaration Dr. Russell L. Lamb Related to Proposed Settlement Allocation Plan
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