'Data-Rich' Sources Can ID Niaspan Class, 3rd Circ. Told

By Bryan Koenig (January 21, 2022, 5:57 PM EST) -- Antitrust advocacy groups want the Third Circuit to reverse a Pennsylvania federal judge's decision refusing to certify a class of end-payors alleging improper pay-for-delay settlements between AbbVie and Teva Pharmaceuticals delaying generic forms of cholesterol drug Niaspan, arguing there's ample data to identify class members.

The American Antitrust Institute and the Committee to Support the Antitrust Laws filed separate amicus briefs urging the reversal of U.S. District Judge Jan DuBois' August determination that the health plans and others comprising the end-payors failed to put forward a reliable and feasible plan for distinguishing between proposed class members and intermediaries in drug transactions...

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