In re Flonase Antitrust Litigation, No. 08-cv-3149 (E.D. Pa.)
Kessler Topaz served as co-lead counsel on behalf of a class of direct purchaser plaintiffs in an antitrust action brought pursuant to Section 4 of the Clayton Act, 15 U.S.C. § 15, alleging, among other things, that GlaxoSmithKline (GSK) violated Section 2 of the Sherman Act by engaging in “sham” petitioning of a government agency. Specifically, Plaintiffs alleged that GSK unlawfully abused the citizen petition process contained in Section 505(j) of the Federal Food, Drug, and Cosmetic Act and thus delayed the introduction of less expensive generic versions of Flonase causing injury to the Direct Purchaser Class. After lengthy negotiations and shortly before trial, the action settled for $150 million.