Historic antitrust case against Momenta Pharmaceuticals over illegal drug price-fixing led to second largest indirect purchaser antitrust pharmaceutical settlement in history

At a virtual awards ceremony held on November 12, The American Antitrust Institute formally presented its selection of leading legal practitioners and economists to be recognized as honorees for the 2020 Antitrust Enforcement Awards, a list that includes the Lieff Cabraser team that worked on the Enoxaparin case: Brendan P. Glackin, Katherine Lubin Benson, Dean M. Harvey, Bruce Leppla, David Rudolph, Michelle Lamy, Mark P. Chalos, Andrew Kaufman, and Kenny Byrd. Lieff Cabraser partner Eric Fastiff was a Program Co-Chair for the event.

Lieff Cabraser’s team shared the AAI’s award for Outstanding Private Practice Antitrust Achievement, and attorneys Kathrine Benson shared the Institute’s prestigious award for Outstanding Antitrust Litigation Achievement by a Young Lawyer.

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.

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.

Hard fought for over four years, the case settled in late 2019, shortly before trial. 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.

Congratulations to all!

Additional Special Recognition to Katherine Lubin Benson for “Outstanding Antitrust Achievement by a Young Lawyer”

Katherine Lubin Benson was separately and individually selected as one of two 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!

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