Historic antitrust case against Momenta Pharmaceuticals over illegal drug price-fixing led to second largest indirect purchaser antitrust pharmaceutical settlement in history
The American Antitrust Institute has announced its selection of leading practitioners and economists to be recognized as honorees for the 2020 Antitrust Enforcement Awards. Lieff Cabraser’s team shared the AAI’s award for Outstanding Private Practice Antitrust Achievement, and attorneys Kathrine Benson and Adam Gitlin have been selected as joint honorees to receive the Institute’s prestigious award for Outstanding Antitrust Litigation Achievement by a Young Lawyer.
This is the fourth AAI Private Enforcement award Lieff Cabraser has received. Attorneys from the firm won the 2020 award for “Outstanding Antitrust Litigation Achievement in Private Law Practice” for their extraordinary work on the Enxoaparin drug antitrust case. The award is limited to private civil actions, and nominees are judged on the benefit realized by the client, consumers or class, as well as the positive development of antitrust policy relating to the case.
Filed on behalf of hospitals, insurers, and patients across the U.S., the class action litigation alleged that Momenta Pharmaceuticals and Sandoz Inc. monopolized the sale of enoxaparin, the generic version of Lovenox, a life-saving drug that prevents blood clots and is a staple of post-surgical care. After the drug came off patent, multiple generic versions should have come to market, saving hospitals, insurers and patients hundreds of millions of dollars. Instead, plaintiffs maintained that Momenta and Sandoz conspired to be the sole generic by tricking the USP, a regulatory agency, into adopting their patented method as the official test for all generic versions. As a result, they were able to operate as the only generic on the market, priced just under the brand name version, and reap hundreds of millions in improper profits.
Hard fought for over four years, the case settled in late 2019, shortly before trial.
By fighting against these allegedly improper overcharges for a life-saving medicine, the lawsuit sought to make medications more affordable for patients in our community and around the country.
On May 29, 2020, the Court granted final approval to the settlement, which created a $120 million common fund for the benefit of the class.
The LCHB Enoxaparin antitrust team was led by Brendan P. Glackin and included Katherine Lubin Benson, Adam Gitlin, Dean M. Harvey, Bruce Leppla, David Rudolph, Michelle Lamy, Mark P. Chalos, Andrew Kaufman, and Kenny Byrd. Kudos to all!
Additional Special Recognition to Katherine Lubin Benson and Adam Gitlin for “Outstanding Antitrust Achievement by a Young Lawyer”
Katherine Lubin Benson and Adam Gitlin were separately and individually selected as joint Honorees for the AAI’s award for “Outstanding Antitrust Litigation Achievement by a Young Lawyer” for their work in the Enox case. Further congratulations to Katie and Adam!
AAI award honorees will be featured at a virtual awards ceremony on Thursday, November 12, following the AAI’s 14th Annual Private Antitrust Enforcement Conference.