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Prograf Antitrust Litigation -- Plumbers and Pipefitters Local 572 v. Astellas Pharma US, Inc.

Court: United States District Court, District of Massachusetts
Case No.: 1:11-cv-11870
Leadership Position: Plaintiffs’ Executive Committee

Wexler Wallace, together with co-counsel Branstetter Stranch & Jennings PLLC, filed a class action lawsuit against Astellas Pharma US, Inc. seeking damages and equitable relief under federal antitrust law and state antitrust and consumer fraud statutes for consumers and third-party payors (“Indirect Purchasers”) who have been forced to pay higher prices for Prograf, and its generic equivalents, due to Astellas’ anticompetitive conduct.

Defendant is the manufacturer of Prograf, a drug with immunosuppressive properties that is commonly used to prevent organ rejection in patients who have received heart, kidney, or liver transplants.  The complaint alleges that Defendant filed a baseless Citizen Petition with the FDA in order to delay generic competition in the market for Prograf.

To learn more about the case and view the Complaint, click here.


On June 10, 2014, the Honorable Judge Rya W. Zobel denied in part and allowed in part Defendant’s summary judgment motions.  The Court simultaneously certified a class of indirect purchasers for trial on liability issues.  The Indirect Purchaser trial, originally scheduled for January 2015, was postponed by the court until Defendant’s Rule 23(f) petition seeking interlocutory review of the Court’s certification of a class on liability-only issues is resolved. The parties are currently briefing Defendant’s class certification appeal.