In re Zetia Antitrust Litigation, MDL No. 2836 (E.D. Va.)
Kessler Topaz was counsel for direct purchasers alleging that the brand drug company, Merck & Co., and a generic drug company, Glenmark Pharmaceuticals, entered into an unlawful “pay-for-delay” agreement concerning the cholesterol drug, Zetia, which delayed the availability of a cheaper generic Zetia product for years. In exchange for Glenmark’s agreement to delay the entry of its generic version of Zetia into the U.S. market, Merck agreed not to launch an authorized generic Zetia, which would have competed with Glenmark’s product. As a result, direct purchasers paid significantly higher prices. A global settlement was reached (including the indirect purchaser class and several large retailers), just prior to jury selection, for over $600 million.