Finding Uninjured Consumers In Drug Antitrust Class Actions

By George Korenko and Tram Nguyen (May 16, 2022, 6:26 PM EDT) -- In an amicus brief filed in March opposing an appeal from end payers seeking to certify a class of end purchasers of the cholesterol drug Niaspan in In re: Niaspan Antitrust Litigation, the Washington Legal Foundation stated that:

Plaintiffs offered the District Court no workable way of identifying members of the class of end-payors they seek to represent from more than 20 million transactions. That is the end of this case.[1]

However, whether class members could be identified was not the only issue in the Niaspan case. The presence of uninjured groups of purported class members was also an issue cited...

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