In re Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litigation

Direct Purchaser Class Plaintiffs allege that Defendant violated federal antitrust laws by engaging in unlawful conduct to delay and impair competition by generic bioequivalent versions of Suboxone® tablets.  Direct Purchaser Class Plaintiffs allege that Defendant engaged in an unlawful, multifaceted scheme to destroy demand for Suboxone® tablets and coerce patients, physicians, and managed care entities away from Suboxone® tablets and over to Reckitt’s new Suboxone® film product, in order to force Direct Purchaser Class Plaintiffs and members of the Class (defined below) to purchase branded Suboxone® film instead of generic bioequivalent versions of Suboxone® tablets (which Plaintiffs allege were less expensive), once they became available on the market.  Direct Purchaser Class Plaintiffs also allege that, in order to give itself more time to destroy demand for Suboxone® tablets and move sales over to Suboxone® film, Defendant delayed the market entry of generic Suboxone tablets by manipulating FDA’s Risk Evaluation and Mitigation Strategy process. Direct Purchaser Class Plaintiffs allege that they and the other members of the Class were injured by being overcharged because of losing the opportunity to purchase less expensive, generic bioequivalent versions of Suboxone® tablets in place of the more expensive branded Suboxone® tablets and film, and by paying higher prices for Suboxone® tablets.

Defendant denies these allegations, and denies that any Class member is entitled to damages or other relief. Defendant also denies that any of its conduct violated any applicable law or regulation.

On October 30, 2023, Judge Mitchell S. Goldberg, who is presiding over the litigation, granted preliminary approval to a proposed $385 million settlement on behalf of the previously certified class of direct purchaser plaintiffs. A hearing on final approval of the proposed settlement was held on February 27, 2024, at the United States District Court for the Eastern District of Pennsylvania, James A. Byrne U.S. Courthouse, 601 Market Street, Philadelphia, PA, 19106. On February 27, 2024, after the hearing on final approval, final approval to the settlement was granted.

The settlement, and associated information, can be found in the documents below.