Lieff Cabraser Civil Justice Blog
Eye Drops

Plaintiffs Defeat Motion to Dismiss in Restasis Antitrust Litigation Against Allergan

As reported in Law360 (subscription), plaintiffs in the multidistrict litigation against pharmaceutical manufacturer Allergan have successfully defeated a motion to dismiss the case alleging antitrust violations with respect to the sale and marketing of dry-eye drug Restasis. The Court’s ruling favored a group of pharmaceutical purchasers and union benefit plans accusing Allergan of misconduct intended to limit competition from generic drugs.

New York District Court Judge Nina Gershon found in her order that it was “easily established that Allergan’s subjective intent in [certain of its actions] was to frustrate generic competition of Restasis,” and that the defendant’s claims “that the court should dismiss the case for failure to plead causation are meritless.

Lieff Cabraser serves as Interim Co-Lead Counsel for indirect purchasers (i.e., consumers) of Restasis, Allergan’s blockbuster drug used to treat dry-eye disease. The case alleges a broad-based and ongoing anticompetitive scheme by Allergan to maintain Allergan’s monopoly. Lieff Cabraser, together with co-counsel, filed the first two class actions on behalf of indirect purchasers.

Learn more about the Restatis antitrust litigation.