Zetia Pay-For-Delay MDL Should Press On, Magistrate Says

Law360 (February 7, 2019, 7:52 PM EST) -- Zetia buyers have sufficiently alleged that Merck & Co. Inc. and Glenmark Pharmaceuticals Inc. kept a generic of the cholesterol medication off the market using a so-called pay-for-delay agreement, a Virginia federal magistrate judge has said.

U.S. Magistrate Judge Douglas E. Miller asked the court Wednesday to trim one per se Sherman Act claim and some state claims from the multidistrict litigation. Otherwise, he said in his report and recommendation that Merck and Glenmark's motions to dismiss should be rejected, leaving the central antitrust questions on the table.

The potential classes of direct purchasers, end-payors and retailers claim the drugmakers violated...

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