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Glaxosmithkline Sued Over Denying Consumers Access to Generic Versions of Wellbutrin and Zyban

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Case ID: 4110 | Miscellaneous | 12/27/2004

A class action lawsuit has been filed in the Eastern District Court of Pennsylvania against Glaxosmithkline, PLC for violations of antitrust laws. Class members seek damages, other monetary relief, equitable relief, attorney's fees and costs of the litigation.

Specifically, the complaint alleges that the defendants unlawfully maintain a monopoly on the drugs Wellbutrin SRR (an antidepressant) and/or Zyban (a smoking cessation drug). Faced with the threat of market exclusivity, they engaged in a series of anti-competitive and unlawful actions that ultimately extended exclusivity over these drugs.

More specifically, the complaint alleges that at least five manufacturers, including Eon Labs Manufacturing, Andrx Pharmaceuticals, Watson Pharmaceuticals, IMPAX Laboratories, and Excel Pharmaceuticals filed applications with the Food and Drug Administration (FDA) requesting approval to market generic versions of the drugs.
However, the defendants:

• Unreasonably restrained, suppressed and eliminated competition of the drugs
• Illegally maintained a monopoly in those markets.

The complaint is on behalf of all indirect purchasers of the drugs other than for resale from July 1, 2001 to the present who were forced to pay higher prices for the brand name drugs instead of being able to buy generic versions.


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