Zetia Buyers' Pay-For-Delay Lawsuits Will Press On

Law360 (August 9, 2019, 7:02 PM EDT) -- Merck and Glenmark weren't able to shut down Zetia buyers' pay-for-delay litigation on Friday, though a Virginia federal judge agreed to pare the claims lodged by retailers and end-payors that bought the cholesterol medication.

In a lengthy opinion handed down Friday, U.S. District Judge Rebecca Beach Smith cemented a magistrate judge's recommendation, allowing antitrust claims by retailers, end-payors and direct Zetia purchasers to move forward.

The three sets of buyers contend Merck & Co. Inc. and Glenmark Pharmaceuticals Inc. worked to keep generic Zetia rivals off the market with a decade-old deal in which Glenmark would delay launching its generic Zetia...

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