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Opana ER Antitrust Litigation

Court: United States District Court, Northern District of Illinois
Case No.: MDL No. 2580

Wexler Wallace LLP (along with our co-counsel Gustafsen Gluek PLLC and Spector Roseman Kodroff & Willis) filed two class actions against Endo Pharmaceuticals Inc. and Endo Health Solutions Inc. (among others). The complaints seek damages on behalf of end-payors of Opana ER (a painkiller), alleging that the defendants violated antitrust and consumer protection laws.  Plaintiffs allege that defendants paid money to a generic manufacturer to delay the start of generic competition for Opana ER, and then used that delay to introduce a new formulation — called Opana ER CRF — as part of an unlawful “product hop” scheme. As a result of defendants’ conduct, market entry of a generic version of Opana ER was delayed for a number of years, forcing the proposed class to pay more for Opana ER than they would have in the absence of defendants’ anticompetitive conduct.