Astellas Can’t Shake MDL Over Generic Prograf Delays

Law360, New York (February 1, 2012, 6:52 PM EST) -- A Massachusetts federal judge on Wednesday refused to dismiss multidistrict antitrust litigation accusing Astellas Pharma US Inc. of keeping a generic version of its immunosuppressant Prograf off the market and forcing direct purchasers to pay higher prices for the drug.

U.S. District Judge Rya W. Zobel rejected Astellas' contention that its September 2007 citizen petition to the U.S. Food and Drug Administration arguing for further testing of Prograf's generic equivalent, tacrolimus, was shielded from antitrust action as protected speech by the First Amendment.

The direct purchaser...
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