Litigators of the Week: A $406.8M Win for Regeneron in Antitrust Trial Showdown With Cholesterol Drug Rival Amgen


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Key Points

A federal jury in Delaware ruled in favor of Regeneron Pharmaceuticals Inc., awarding them $406.8 million in their antitrust lawsuit against Amgen Inc.

The Case

Regeneron accused Amgen of employing anti-competitive practices by bundling its cholesterol drug, Repatha, with significant rebates on its anti-inflammatory drugs, Otezla and Enbrel. This strategy, Regeneron argued, incentivized pharmacy benefit managers (PBMs) to remove Regeneron's competing cholesterol drug, Praluent, from their formularies.

The Verdict

The jury sided with Regeneron, finding Amgen's actions to be in violation of antitrust laws. The substantial financial award reflects the jury's assessment of the harm caused by Amgen's practices.

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Last week, federal jurors in Delaware awarded Regeneron Pharmaceuticals Inc. more than $400 million in its antitrust showdown with Amgen Inc., the company’s rival in the market for cholesterol drugs that block the protein PCSK9.

Regeneron accused Amgen of illegally bundling its cholesterol treatment Repatha with substantial rebates on a pair of blockbuster anti-inflammatory drugs—Otezla and Enbrel—to induce pharmacy benefit managers to drop Regeneron’s Praluent from their offerings.

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