$275 Million Sandoz Settlement Partially Resolves Generic Drug Price-Fixing Litigation
Generic Pharmaceuticals Pricing Antitrust Litigation
Filed: December 15, 2020 ◆§ 2:19-cv-06011
Sandoz has agreed to pay a $275 million settlement to partially resolve litigation that alleged it conspired with other pharma companies to fix the prices of generic drugs.
Sandoz Inc. and Fougera Pharmaceuticals Inc. have agreed to pay a $275 million settlement to partially resolve multidistrict litigation that alleged over 30 pharma companies and their affiliates conspired to fix the prices of prescription generic drugs, causing patients, health plans and other “end payers” to overpay for medication.
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The court-approved website for the class action settlement can be found at GenericDrugsEndPayerSettlement.com.
The Sandoz antitrust settlement looks to cover all individuals and entities in the 50 United States (except Indiana and Ohio), as well as the District of Columbia, Puerto Rico and the U.S. Virgin Islands, that indirectly purchased, paid and/or provided reimbursement for some or all of the purchase price for certain generic drugs, other than for resale, from May 1, 2009 to December 31, 2019.
A full list of generic drugs included in the settlement can be found here.
According to the settlement notice, the class consists of consumers, i.e., people who purchased at least one of the generic drugs in a pharmacy or by mail-order prescription, and third-party payers, i.e., entities that paid for and/or reimbursed for some or all of the purchase price of one or more of the generic drugs for use by their members, employees, insureds, participants or beneficiaries.
Class members who file a valid, timely claim form will be eligible to receive a proportional share of the Sandoz settlement fund based on the amount of money they spent on any covered generic drugs from May 1, 2009 through December 31, 2019.
“In general, those who spent more money on the Named Generic Drugs will get a higher recovery than those who spent less,” the notice states.
The claims process is not currently open, court documents say.
ClassAction.org will update this page with more information when the time comes for eligible individuals to submit a Sandoz antitrust settlement claim form.
The settlement website urges class members to complete an online registration form to receive notice when a claim form and other settlement-related updates become available.
Money will be distributed to eligible class members if and after the deal receives final approval from the court and any appeals are resolved. A final approval hearing is scheduled for July 23, 2025.
The settlement agreement notes that the settlement fund may be reduced by up to $45 million pursuant to a “confidential calculation” that accounts for potential class members who exclude themselves from the settlement.
The ongoing litigation claims Sandoz and the non-settling defendants engaged in a scheme beginning at least as early as May 2009 to raise prices and minimize competition in the generic drug industry. Per the lawsuit, the conspiracy involved an illegal agreement among the defendants to “allocate customers, rig bids, and fix, raise, and/or stabilize the prices” of 165 generic pharmaceutical drugs.
The $275 million deal with Sandoz, which received preliminary approval from the court on February 19, 2025, does not resolve claims against the remaining defendants. The lawsuit against the non-settling generic drug manufacturers remains ongoing, and Sandoz has agreed as part of the settlement to cooperate with the plaintiffs in providing information related to the litigation.
Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.
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