fbpx

Bristol-Myers Squibb HIV cART Drugs Antitrust Direct Purchaser Partial Settlement

Settlement Structure: Claims Made

Active: Open

Case Summary:

This is a partial settlement of an antitrust class action against Bristol-Myers Squibb Company, ER Squibb & Sons, LLC, and others. The complaints alleged that the companies violated antitrust laws by conspiring to extend patent protection for antiretroviral drugs for treating human immunodeficiency virus (HIV cART drugs) by engaging in anticompetitive conduct and restraining competition, causing direct purchasers to pay too much for the drugs.

This settlement covers only direct purchasers (usually pharmaceutical wholesalers), and resolves only allegations against the Bristol-Myers companies. The other defendants are Gilead Sciences, Inc., Gilead Holdings, LLC, Gilead Sciences, LLC and Gilead Sciences Ireland UC. These other parties have not settled and the case is ongoing against them.

Docket Number:

3:20-cv-06961-EMC

Company: Bristol-Myers Squibb

Filing Deadline: October 28, 2022

Class Period: October 6, 2016 to October 19, 2021

Objection Deadline: October 6, 2022

Exclusion Deadline: October 6, 2022

Final Approval Hearing: November 17, 2022

Proof of Purchase:

You do not have to submit documentation if you agree with the figures pre-populated in the Claim Form you received with your Notice.

Eligibility:

You may be eligible if you are a person or entity in the US or its territories who bought Atripla, Complera, Evotaz, Reyataz, Sustiva, Stribild, Truvada, or any of their generic equivalents, directly or from a brand or generic manufacturer, at any time between October 6, 2016 and October 19, 2021.

Typical Settlement Amount:

Payments will be distributed according to a plan of allocation based on class members’ proportionate unit volume shares of brand and generic purchases, with greater weight given to brand purchases due to the fact that the alleged damages for brand purchases are larger than those for generic purchases. Final amounts have not yet been determined and will depend on the number of valid claims forms submitted and the number of qualifying purchases made by the class members.

Bristol-Myers has also agreed to waive the enforcement of a provision of its licensing agreement with Gilead for the drug Evotaz, so that Gilead may, but will not have to, market or license a third party to market a fixed-dose combination of Gilead’s Cobicistat and a generic version of atazanavir (or Reyataz).

Total Settlement Amount: $10.8 million

Class Representative Proposed Incentive Fee:

$10,000

Law Firms:
NastLaw LLC
Roberts Law Firm US, PC

Claim Form: HIV cART Direct Purchaser Antitrust Settlement Claim Form

Case Name: KPH Healthcare Services, Inc. v. Gilead Sciences, Inc.

Settlement Website: HIV cART Direct Purchaser Antitrust Settlement Website

Claims Administrator:
KCC Class Action Services, LLC

Claims Administrator Contact Information:

Direct Purchaser cART Drug Antitrust
Settlement Claims Administrator
P.O. Box 990
Corte Madera, CA 94947-0990
info@HIVcARTDirectPurchaserSettlement.com

Tags: Antitrust, Drugs and Generics, Keeping Generics Off the Market, Pharmaceuticals