In re TriCor Antitrust Litigation
Our attorneys represented Laboratoires Fournier (a subsidiary of the Belgian company Solvay) at trial in November 2008. The case involved the cholesterol medication, TriCor, and alleged that Fournier and its licensing partner Abbott had foreclosed competition through the introduction of successive formulation changes to TriCor making it more difficult for generic companies to compete effectively in the market. Plaintiffs in the District of Delaware case included generic manufacturers, Impax Laboratories and, Teva USA, Teva Pharmaceutical, and Novopharm, along with a class of direct purchasers of TriCor. Over the course of the trial, each plaintiff group eventually agreed to settle for a fraction of their demand just before trial with the last settlement coming during the testimony of the final witness.