Jury finds Japanese drugmaker liable for anticompetitive deal delaying generic Amitiza, with damages potentially tripling to $2.5bn.
A U.S. federal jury ordered Takeda to pay $885m in damages after finding the company liable for a pay-for-delay scheme to block a generic version of its constipation drug Amitiza. The verdict marks the first federal jury decision against a drugmaker for such anticompetitive practices, which involve payments to rivals to delay cheaper alternatives.
The lawsuit, filed in 2021 by wholesalers, pharmacies, and end payers, alleged overcharging for Amitiza. Damages include $475m for wholesalers and $347m for retailers, with totals set to triple to approximately $2.5bn under antitrust laws. Takeda plans to appeal, calling the plaintiffs’ case meritless.
Takeda was found to have conspired with generic drugmaker Par Pharma to keep a lower-cost version off the market. Retailers CVS and Walgreens were among the plaintiffs in the case.