3rd Circ. Affirms Class Cert. In Suboxone Antitrust Case

Law360 (July 28, 2020, 6:20 PM EDT) -- A federal judge in eastern Pennsylvania correctly focused on common harm in certifying a direct purchaser class suing Indivior Inc. over its allegedly anti-competitive actions aimed at boosting the cost of opioid addiction treatment Suboxone, the Third Circuit ruled Tuesday.

The decision by a three-judge panel upheld U.S. District Judge Mitchell S. Goldberg's finding that Burlington Drug Co. Inc. and two other purchasers from the 72 that sued were suitable class representatives for the case, which sought only to recover excess costs caused by Indivior's alleged market-control efforts.

Indivior was spun off from Reckitt Benckiser Pharmaceuticals Inc. in 2014.

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