Asacol Antitrust Litigation – United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, et. al. v. Allergan, PLC
Court: United States District Court, District of Massachusetts
Case No.: 15-cv-12731
Asacol is an ulcerative colitis drug that as of 2012 had more than $570 million in sales. It is a drug most patients use for the duration of their lifetime to keep the chronic symptoms of irritable bowel syndrome in remission. Patients have always paid for the brand name version of this drug, which has never had a generic competitor. In July 2013, a generic version of Asacol should have entered the market, however, because of defendants’ anticompetitive schemes to manipulate drug availability, a generic version does not exist and consumers are still paying supracompetitive prices for similar brand name versions of the drug. Plaintiffs, represented by Wexler Wallace and others, filed this case in June 2015 on behalf of a putative class of end-payors (i.e., consumers and third-party payors) alleging that Plaintiffs and all Asacol end-payors are harmed by defendants’ conduct.