The Court found that, while an antitrust defendants’ share of the relevant market is typically used as evidence of monopoly power, this is not necessary in the highly-regulated market for pharmaceuticals. The allegations provided sufficient evidence to create a genuine dispute of material fact as to whether Ranbaxy maintained monopoly power due to its first-filer status and the resulting exclusionary periods. This would give Ranbaxy the ability to reduce or destroy competition in the relevant market.

On November 17, 2021, the U.S. District Court for the District of Kansas granted final approval of a $345 million settlement by Pfizer with a class of purchasers of EpiPen. The purchaser class alleged that Pfizer and Mylan schemed to inflate the price of the EpiPen, an emergency injectable allergy treatment.

On November 4, 2021 the end-payor class in antitrust litigation alleging anticompetitive conduct in the market for combination antiretroviral therapy (“cART”) drugs announced a $10 million settlement with Defendants Bristol-Myers Squibb Company and E.R. Squibb & Sons, L.L.C. (“BMS”).

Two U.S. subsidiaries of Indian pharmaceutical company Sun Pharma announced preliminary settlements with a putative class of direct purchasers in the generic price-fixing multidistrict litigation pending in the U.S. District Court for the Eastern District of Pennsylvania. Taro Pharmaceuticals USA Inc. and Sun Pharmaceutical Industries Inc. will pay a total of $85 million to resolve the direct purchaser claims.