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AndroGel Antitrust Litigation

Court: United States District Court, Northern District of Georgia
Case No.: 09-MD-02084

Wexler Wallace LLP, along with co-counsel Pomerantz Grossman Hufford Dahlstrom & Gross LLP and Hagens Berman Sobol Shapiro LLP, represents a class of End-Payor Plaintiffs against the brand name manufacturer of AndroGel 1% and two potential generic entrants.  In this case, the End-Payor Plaintiffs seek damages, other monetary relief, and equitable relief for violations of federal and state antitrust laws, state consumer protection laws, and state common law principles of unjust enrichment against Defendants Solvay Pharmaceuticals, Inc., now known as Abbvie, Inc., Unimed Pharmaceuticals, LLC,  Watson Pharmaceuticals, Inc., now known as Actavis, Inc., Par Pharmaceutical Companies, Inc., and Paddock Laboratories, Inc., now known as Perrigo Company (all collectively “Defendants”).

This litigation challenges Defendants’ unlawful exclusion from the market of low-cost AB-rated generic substitutes for the brand name prescription drug AndroGel.  Faced with the threat of losing market exclusivity, Defendants engaged in a series of anticompetitive actions that extended a monopoly on the sale of AndroGel through 2015, denying Plaintiffs and members of the proposed class access to lower cost generic alternatives.