On July 28, 2020, a Third Circuit Court of Appeals panel unanimously upheld a lower court ruling certifying a class of Suboxone purchasers who alleged that the defendant Indivior Inc. engaged in anticompetitive behavior to maintain its monopoly over the drug. [1] The Third Circuit panel rejected defendant’s challenges based on commonality and predominance, finding instead that the class presented common evidence that class members paid more for Suboxone due to Indivior’s suppression of generic alternatives. [2] Most notably, the Third Circuit panel agreed with the district court’s finding that antitrust plaintiffs satisfy a showing of predominance with a model that estimates damages attributable to antitrust injury, even where individualized determinations are later needed to allocate
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The US Court of Appeals for the Third Circuit upholds a lower Court’s ruling certifying a class of pharmaceutical drug purchasers alleging that the defendant engaged in anticompetitive behavior to maintain its monopoly over a drug (Indivior)
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