Mylan Can't Decertify EpiPen Antitrust Action Ahead Of Trial

By Lauren Berg (December 15, 2021, 9:43 PM EST) -- A Kansas federal judge on Wednesday largely denied Mylan's bid ahead of trial next month to decertify antitrust class action claims accusing the pharmaceutical company of causing a delay in the release of cheaper EpiPen generics, finding that the buyers have shown that most class members sustained an alleged injury.

U.S. District Judge Daniel D. Crabtree largely rejected Mylan's argument that the state law antitrust class action must be decertified because some class members are brand loyalists — meaning they would have bought EpiPen even if a generic was available — and, therefore, were not injured, according to the 38-page order....

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