Nexium Plaintiffs’ Claims Will Proceed Under Actavis Rule of Reason Approach

The maker of Nexium and several potential generic competitors that allegedly agreed to stay out of the market must defend Sherman Act claims by both direct purchasers and end-payors of the drug, according to a Sept. 11 decision by the U.S. District Court for the District of Massachusetts, which applied a rule of reason approach as dictated by the Supreme Court’s Actavis decision (In re Nexium (Esomeprazole) Antitrust Litigation, D. Mass., 1:12-md-02409-WGY, 9/11/13).

Challenged Conduct.

Two groups consisting of wholesale drug distributors (direct purchasers) and health and welfare benefit funds (end-payors) brought suit against

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