In Re: Novartis and Par Antitrust Litigation

Case Number:  1:18-cv-4361
Court:  Southern District of New York
Judge:  Alvin K. Hellerstein
Status:  Settled

Garwin Gerstein & Fisher LLP was named lead class counsel on behalf of a class of direct purchasers of brand or generic Exforge tablets. Defendants are Novartis Pharmaceuticals Corp. and Novartis AG (collectively, “Novartis”). Plaintiffs allege that Defendants violated the Sherman Act when Novartis and its generic competitor, Par Pharmaceutical, Inc., entered into an anticompetitive reverse payment license agreement delaying generic competition for Exforge, thereby maintaining the price of Exforge at supra-competitive levels, and overcharging plaintiffs and members of the class. Plaintiffs are seeking overcharge damages incurred by the class caused by Defendants’ misconduct. 

Click document titles to open them.

  1. Complaint
  2. Motion for Certification of a Settlement Class, Appointment of Class Counsel, Preliminary Approval of Proposed Settlement with Novartis Pharmaceuticals Corporation and Novartis AG, Approval of the Form and Manner of Notice to the Class, and a Proposed Schedule for a Fairness Hearing
  3. DECLARATION OF BRUCE E. GERSTEIN IN SUPPORT OF DIRECT PURCHASER CLASS PLAINTIFFS’ UNOPPOSED MOTION FOR CERTIFICATION OF A SETTLEMENT CLASS, APPOINTMENT OF CLASS COUNSEL, PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT, APPROVAL OF THE FORM AND MANNER OF NOTICE TO THE CLASS AND PROPOSED SCHEDULE FOR A FAIRNESS HEARING
  4. Memorandum of Law in Support of Motion for Certification of a Settlement Class, Appointment of Class Counsel, Preliminary Approval of Proposed Settlement with Novartis Pharmaceuticals Corporation and Novartis AG, Approval of the Form and Manner of Notice to the Class, and a Proposed Schedule for a Fairness Hearing
  5. Order Granting Motion for Certification of a Settlement Class, Appointment of Class Counsel, Preliminary Approval of Proposed Settlement with Novartis Pharmaceuticals Corporation and Novartis AG, Approval of the Form and Manner of Notice to the Class, and a Proposed Schedule for a Fairness Hearing
  6. Notice to Class
  7. Notice of Direct Purchaser Class Counsel’s Motion for an Award of Attorneys’ Fees, Reimbursement of Expenses, and Service Awards for the Class Representatives
  8. Memorandum of Law in Support of Direct Purchaser Class Counsel’s Motion for an Award of Attorneys’ Fees, Reimbursement of Expenses, and Service Awards for the Class Representatives
  9. Declaration of Bruce E. Gerstein in Support of Direct Purchaser Class Counsel’s Motion for an Award of Attorneys’ Fees, Reimbursement of Expenses, and Service Awards for the Class Representatives
  10. Revised Proposed Order Granting Final Judgment and Order of Dismissal Approving Direct Purchaser Class Settlement and Dismissing Direct Purchaser Class Claims
  11. ORDER GRANTING FINAL JUDGMENT AND ORDER OF DISMISSAL APPROVING DIRECT PURCHASER CLASS SETTLEMENT AND DISMISSING DIRECT PURCHASER CLASS CLAIMS
  12. Proof of Claim and Release Form
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