Berman Tabacco

Asacol Product Hop Antitrust

In re Asacol Antitrust Litigation, No. 1:15-cv-12730 (D. Mass.)

In this action, Berman Tabacco represents a class of “End-Payor” purchasers as Liaison Counsel. In this case, the End-Payor plaintiffs allege that a subsidiary of Allergan and the manufacturer of Asacol, Warner Chilcott, removed Asacol from the market in an anticompetitive “product hop” after putting its Asacol tablet into a patent-protected capsule (dubbed “Delzicol”), and thereby prevented generic versions of Asacol from entering the market. In this way it maintained its position as the only manufacturer of Asacol/Delzicol and continued to charge monopoly prices and earn monopoly profits.