Asacol Product Hop Antitrust Litigation

Case Update: The First Circuit stayed the trial set to begin on January 22, 2018 pending the resolution of Defendants’ appeal of the District Court’s class certification decision.

Court: United States District Court, District of Massachusetts

United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, et. al. v. Allergan, PLC, Case No.: 15-cv-12731

Leadership Position: Co-Lead Counsel

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 majority of their lives 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 was planned for release on the market, but because of the defendants’ anticompetitive schemes to manipulate drug availability, a generic version does not exist and consumers are still paying higher 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.  Wexler Wallace has been appointed Interim Co-Lead Counsel in the case.

To view a copy of the complaint, click here.