LGN Files First Antitrust Class Action Against GoodRx and Pharmacy Benefit Managers

On October 30, LGN, along with co-counsel at Pearson Warshaw LLP, filed an antitrust class action lawsuit against generic drug coupon provider GoodRx and Pharmacy Benefit Managers (PBMs) Caremark, Express Scripts, MedImpact, and Navitus. The lawsuit is brought by the plaintiff, Keaveny Drug, an independent pharmacy in Minnesota. The lawsuit alleges that the defendants (GoodRx and the PBMs) conspired to suppress reimbursement rates and increase fees charged to independent pharmacies on all GoodRx-related transactions through GoodRx’s “integrated savings program.”

The lawsuit seeks to recover the damages incurred by independent pharmacies throughout the United States, and to put a stop to the illegal conduct of GoodRx and the PBMs in participating in the GoodRx integrated savings program. It is the first lawsuit in the U.S. challenging this conduct.

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GoodRx

LGN Team Appointed to Leadership in Two National Antitrust Litigations

The LGN team led by Heidi Silton has been named to leadership positions in two national antitrust litigations. Working with Heidi on both cases are Jessica N. Servais and Joe Bourne. Their combined contributions achieved leadership appointments that underscore the dedication and diligent work LGN’s antitrust team continually exhibits. You can read more about each of these cases below.

Antitrust

The LGN team was named interim Co-Lead Counsel for the indirect purchaser plaintiffs in the Concrete and Cement Additives Antitrust Litigation in the Southern District of New York. The plaintiffs allege that the world’s largest manufacturers of concrete and cement additives conspired to fix prices, causing them to pay too much for the defendants’ concrete and cement additives. International government enforcers, including the U.S. Department of Justice and the European Commission, are also investigating the industry.

In addition, Heidi was named to the interim Direct Purchaser Plaintiff Steering Committee in the Passenger Vehicle Replacement Tires Antitrust Litigation in the Northern District of Ohio, a case in which Jessica and Joe are both actively involved. The plaintiffs allege that the world’s largest tire manufacturers conspired to fix the prices of replacement tires for passenger vehicles. International government enforcers, including the European Commission, are also investigating the industry.

LGN PARTNER PARTICIPATES IN AMERICAN ANTITRUST INSTITUTE PANEL DISCUSSION

LGN Partner Heidi Silton participated in an American Antitrust Institute panel discussion this week titled I Won the Motion to Dismiss – Now How Do I Get the Discovery Train Down the Tracks? The discussion, geared towards new practitioners, focused on building a strong career foundation. It allowed participants to learn from expert panelists and was tailored for both new and experienced lawyers seeking to enhance their fundamental skills.

The American Antitrust Institute (AAI) is an independent, nonprofit organization devoted to promoting competition that protects consumers, businesses, and society. They serve the public through research, education, and advocacy on the benefits of competition and the use of antitrust enforcement as a vital component of national and international competition policy.

https://www.antitrustinstitute.org/event/virtual-cle-lunch-learn-i-won-the-motion-to-dismiss-now-how-do-i-get-the-discovery-train-down-the-tracks/

LGN Attorney Arielle Wagner Appointed to Litigation Team in Juul Antitrust Litigation

In a merit-based competition, LGN attorney Arielle Wagner was appointed to the Litigation Team in an e-cigarette antitrust suit against Juul and Altria. The suit alleges that Juul and Altria agreed not to compete in the e-cigarette market, in exchange for a large stock purchase in Juul, ultimately raising the price of e-cigarettes for consumers.

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In a merit-based competition, LGN attorney Arielle Wagner was appointed to the Litigation Team in an e-cigarette antitrust suit against Juul and Altria. The suit alleges that Juul and Altria agreed not to compete in the e-cigarette market, in exchange for a large stock purchase in Juul, ultimately raising the price of e-cigarettes for consumers.

Read more