Analysis

2nd Circ. Actos Ruling Boosts Pharma Antitrust Plaintiffs

Law360, Fort Wayne (February 16, 2017, 3:11 PM EST) -- The Second Circuit has revived claims by purchasers of diabetes drug Actos accusing Takeda of delaying generic competition for the drug, providing guidance on antitrust causation in a ruling that smooths over a potential roadblock for plaintiffs in similar suits against pharmaceutical companies.

The appeals court partially overturned a September 2015 dismissal of the claims by U.S. District Judge Ronnie Abrams, who said the end payors did not plausibly show that Takeda Pharmaceutical Co. Ltd. had delayed 10 pharmaceutical companies from introducing generic versions of Actos...
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