Japan's Takeda Pharmaceutical faces potential damages of up to about $2.5 billion in the United States after a federal jury found it liable in an antitrust 'pay‑for‑delay' case over its constipation drug Amitiza (lubiprostone). The jury in the U.S. District Court for the District of Massachusetts awarded roughly $885 million in single damages, which, under U.S. antitrust law, can be automatically trebled to around $2.47 billion for substantial portions of the award. The damages stem from an alleged scheme with generic manufacturer Par Pharmaceutical to delay market entry of generic Amitiza by several years, keeping prices higher than they would have been under generic competition. Takeda has stated it will appeal and that the verdict is not yet enforceable until the court enters final judgment, so the exact amount it may ultimately have to pay remains uncertain.
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[PDF] Case 1:21-cv-11255-RGS Document 41 Filed 12/27/22 Page 1 of 12
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