UPDATE 3-Japan's Takeda engaged in antitrust scheme to delay generic constipation drug, US jury finds

Devdiscourse
A U.S. jury found Takeda liable for $885 million in damages for delaying a generic constipation drug through an anticompetitive scheme.

Summary

A U.S. jury on Monday found Japan-based Takeda Pharmaceutical liable for causing about $885 million in damages by delaying a generic version of its constipation drug Amitiza through an anticompetitive scheme. The verdict, delivered in federal court in Boston, sided with pharmacies, insurers, and retailers including CVS and Walgreens, who argued that the delay forced them to overpay for the drug. The award could rise to several billion dollars, as U.S. antitrust law allows damages to be tripled. The case centered on a "pay-for-delay" deal in which Takeda and Sucampo Pharmaceuticals settled a patent lawsuit with Par Pharmaceutical in 2014, delaying the launch of a generic version until 2021. Plaintiffs argued the settlement was a $210 million "payoff" that stifled competition, while Takeda's defense claimed the agreement was lawful and pro-competitive. This verdict marks the first time a jury has found a pharmaceutical company liable in class-action litigation over such pay-for-delay agreements. Takeda has denied wrongdoing and stated it will "vigorously pursue" an appeal. The company also said it is assessing the financial impact of the ruling, though it does not expect its FY2026 financial forecast to be materially impacted.

(Source:Devdiscourse)

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