[Open] Impax/Endo Laboratories Settles Antitrust Lawsuit For $15 Million

Impax Laboratories, Inc. (Impax), a pharmaceutical company, agreed to pay $15 million to settle antitrust claims brought against it and other defendants in two lawsuits filed under the Federal and Illinois Antitrust Acts.

The lawsuit alleged that Impax conspired with Endo to prevent less expensive generic alternative drugs from being manufactured and that they were also using their power of veto over the FDA certification process for new copies implied by the Hatch-Waxman Act.

Opana ER, an opioid pain reliever that is normally used for moderate to severe pain, is facing legal issues because its sale price is too high for end users; in 2016, they made $160 million in sales. The FDA banned this product due to opioid abuse, and data shows that opana ER intravenous abuse is increasing.

After Opana ER was discontinued, Endo thought about replacing it with another oxymorphone ER drug or working with a generic drug manufacturer. According to the Federal Trade Commission, Endo and Impax agreed to sell oxymorphone ER in August 2017. Endo received a portion of Impax’s monopoly profits in exchange for staying away from the market, eliminating any potential rivalry. The complaint says that this contract gave Impax a monopoly over tablets of oxymorphone ER that were approved by the FDA.

Plaintiffs claim that with a “reversal of payment” agreement  Impax and Endo contravened competition laws.

• Even though Endo was able to control the market for Opana, the court decided that it did not break any federal or state laws about competition.

• Payments to class members under the Impax settlement will be based on the individual’s purchase price of brand or generic Opana ER medications. Those class members who purchased these items at a higher price will get a larger chunk of the total settlement cash.

• Class members need to provide at least one receipt of  Opana ER purchase.

Anyone who purchased or was reimbursed for generic Opana in the following states between April 2011 and September 2018:

Massachusetts, Florida, New Mexico, Wisconsin, New Hampshire, Missouri, South Dakota, Oregon, Nevada, Vermont, Hawaii, Iowa, and New York are among the states represented.

Claim Deadline: 01/05/2023

Final Approval Data: 12/15/2022

Claim Website: OpanaERAntitrustLitigation.com