Judge Cites Dr. Lamb’s Analysis in Certifying Class of Indirect Purchasers of Branded or Generic Lovenox

In 2017, Plaintiffs filed an Amended Complaint on behalf of a proposed class of indirect purchasers of Lovenox, and/or its generic equivalent enoxaparin, alleging an agreement among Defendants to monopolize sales of enoxaparin and prevent competition by controlling patented technology used to establish sameness for purposes of obtaining FDA approval to market generic enoxaparin.  Counsel for the Plaintiffs retained Dr. Russell Lamb to analyze whether it was possible to establish, using evidence common to the proposed class as a whole: the relevant antitrust product and geographic markets, and whether Defendants possessed market or monopoly power in those markets; the impact on prices paid by members of the proposed class that Plaintiffs allege arose from Defendants’ allegedly anticompetitive conduct; that all or nearly all members of the proposed class were injured by Defendants’ allegedly anticompetitive conduct; and that aggregate damages to the proposed class as a whole could be reliably calculated using standard economic methods and analyses.

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