UPDATE 4-Takeda engaged in antitrust scheme to delay generic constipation drug, US jury finds

A U.S. jury on Monday found 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, reached in federal court in Boston after a five-week trial, sided with wholesalers, insurers, health funds, and retailers including CVS and Walgreens, who argued the delay forced them to overpay for the drug. The award could rise to several billion dollars, as federal antitrust law allows damages to be automatically tripled. Japan-based Takeda denied wrongdoing during the trial and stated it will "vigorously pursue" an appeal. This verdict marks the first time a jury has found a pharmaceutical company liable in class-action litigation over "pay-for-delay" agreements since the U.S. Supreme Court ruled in 2013 that such agreements can violate antitrust law. The case centered on Amitiza, a medication developed by Sucampo Pharmaceuticals, which partnered with Takeda to market the drug in the United States. In 2014, Sucampo and Takeda settled with Par Pharmaceutical, which agreed to delay launching its generic until January 2021. Lawyers for the plaintiffs said the settlement amounted to a $210 million "payoff" that delayed generic competition by six years. The jury awarded $474.9 million to direct purchasers and $63.2 million to insurers, along with $346.8 million to five retailers, including $191 million to CVS and $121 million to Walgreens.

(Source：Devdiscourse)