In Re Generic Pharmaceuticals Pricing Antitrust Litigation

A court authorized the Notice because you have the right to know about the Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.

The Honorable Cynthia M. Rufe of the United States District Court for the Eastern District of Pennsylvania is overseeing this class action. The lawsuit is known as In re Generic Pharmaceuticals Pricing Antitrust Litigation, Case No. 16-md-2724 (the “lawsuit”).

The Indirect Reseller Plaintiffs (“Plaintiffs”) allege that the Defendants participated in one or more unlawful conspiracies to raise, fix, maintain, and/or stabilize prices, rig bids, and allocate markets and customers for Drugs at Issue in violation of Section 1 of the Sherman Act and various state antitrust, unfair competition, unjust enrichment, and consumer protection laws.

In the Notice, “Defendants” refers to more than three dozen companies, corporations, and individuals involved in the sale and distribution of generic drugs (a complete list is available at on this website) and “Settling Defendant” refers to Apotex Corp. The Plaintiffs have reached a Settlement with Apotex. However, the Plaintiffs’ lawsuit is still proceeding against other Defendants. Those other Defendants may be subject to separate settlements, judgments, or class certification related orders. If applicable, you will receive a separate notice regarding the progress of the lawsuit and any resolution of legal claims against the other Defendants.

The Settling Defendant denies the legal claims and denies any wrongdoing or liability. No court or other judicial entity has made any judgment or other determination of any wrongdoing by the Settling Defendant, or that any law has been violated. Instead, Plaintiffs and the Settling Defendant have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit.

In a class action, one or more people or businesses (called class representatives) sue on behalf of all people or businesses who have similar legal claims. Together, all of these people are called a class or class members. One court resolves the issues for all class members, except for those class members who timely exclude themselves (opt out) from the class.

The Class Representatives in this lawsuit are Plaintiffs Chet Johnson Drug, Deal Drug Pharmacy, Falconer Pharmacy, Halliday’s & Koivisto’s Pharmacy, North Sunflower Medical Center, Russell’s Mr. Discount Drugs, and West Val Pharmacy (“Class Representatives”).

Plaintiffs and Apotex do not agree about the legal claims made in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of Plaintiffs or Apotex. Instead, Plaintiffs and Apotex have agreed to settle the lawsuit. The Plaintiffs, Apotex, and their lawyers believe the Settlement is best for all Settlement Class Members because of the benefits available to Settlement Class Members and the risks and uncertainty associated with continuing the lawsuit.

The Settlement Class includes:

All dispensers of drugs (including Clinics, Hospitals and Independent Pharmacies) in the United States and its territories that purchased one or more Drugs at Issue from January 1, 2010, through March 5, 2024, including (a) those that purchased directly from distributor AmerisourceBergen Drug Corporation, Cardinal Health, Inc., Red Oak Sourcing, LLC, The Harvard Drug Group, LLC, HD Smith LLC, McKesson Corporation, Morris & Dickson Co., LLC or Walgreens Boot Alliance, Inc. or their subsidiaries; and (b) those that purchased indirectly from any Defendant in the MDL.

Clinics include facilities providing outpatient medical treatment and advice, including urgent care clinics, community health centers, and outpatient facilities. Hospitals include facilities that provide inpatient medical treatment with overnight accommodations. Independent Pharmacies include retail pharmacies that are not owned by a publicly traded company.

The Drugs at Issue include any dosage or formulation of any drug that is the subject of the lawsuit whether or not it includes Apotex. A list of the Drugs at issue can be found on this website.

Yes. Specifically excluded from the Settlement Class are:

1. Defendants, their officers, directors, management, employees, subsidiaries, and affiliates;
2. entities owned in part by judges or justices involved in this action or any members of their immediate families (other than interests held as a passive investor in a publicly traded entity); and
3. all pharmacies owned or operated by publicly traded companies.

If you are in one of these categories, you are not a Settlement Class Member and not eligible to participate in the Settlement.

If you are still not sure whether you are a Settlement Class Member, you may call the Settlement Administrator toll-free at 1-877-644-0182.

Apotex is required to pay $5,260,482 to resolve all Settlement Class Members’ legal claims against Apotex for the Released Claims (as defined in the Settlement Agreement). In addition to this monetary benefit, Apotex has also agreed to provide specified cooperation in the Indirect Reseller Plaintiffs’ continued prosecution of the lawsuit. The Settlement Agreement is available on the Documents page of this website.

Unless you excluded yourself (opted out) by the deadline, you chose to remain in the Settlement Class. All Court orders and judgments apply to you and legally bind you. You are not be able to sue, continue to sue, or be part of any other lawsuit against the Released Parties about the Legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called "Released Claims.”

You are not releasing your legal claims against any Defendant other than Apotex.

Section C of the Settlement Agreement describes the “Released Claims,” and the Release in necessary legal terminology, so read these sections carefully. The Settlement Agreement is available in the Documents section of this website. For questions regarding the Release or Released Claims and what the language in the Settlement Agreement means, you can also contact one of the Settlement Class Counsel lawyers listed in FAQ 19 for free, or you can talk to your own lawyer at your own expense.

If you are a Settlement Class Member and you do nothing, you will not receive Settlement benefits, and you will give up rights explained in the “Excluding Yourself from the Settlement” section of the Notice, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against any of the Released Parties about the legal issues in this lawsuit that are released by the Settlement.

By staying in the lawsuit, you are not releasing your legal claims against any Defendant other than Apotex.

To receive settlement benefits, you must submit a timely and valid Claim Form online or may be downloaded from the Documents page. Claim Form must be submitted online or postmarked by August 28, 2025. Claims Forms can be mailed to the Settlement Administrator at the address below.

If you file a timely and valid Claim Form, Settlement benefits will be provided by the Settlement Administrator by November 26, 2025.

The deadline to request exclusion from the Apotex Settlement was January 16, 2025.

No. If you excluded yourself by the deadline, you are not entitled to receive Settlement benefits, but you are not bound by the Settlement or any judgment in this lawsuit against the Released Parties. You can only get Settlement benefits if you stay in the Settlement and submit a timely and valid Claim Form.

No. Unless you excluded yourself by the deadline, you gave up the right to sue the Released Parties for the legal claims this Settlement resolves. You must have excluded yourself from this Settlement to start or continue with your own lawsuit or be part of any other Lawsuit against the Released Parties. If you have a pending lawsuit against Apotex, speak to your Lawyer in that case immediately.

The deadline to object to the Settlement was January 16, 2025.

Objecting was telling the Court that you did not like something about the Settlement. You could have objected only if you did not exclude yourself from the Settlement Class. Excluding yourself was telling the Court that you did not want to be part of the Settlement Class. If you excluded yourself, you could not object because the Settlement no longer affects you.

Yes, the Court has appointed Christian Hudson and Michael J. Flannery of Cuneo Gilbert & LaDuca, LLP as Settlement Class Counsel to represent you and the Settlement Class for purposes of the Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Settlement Class Counsel to represent you in this lawsuit.

The Court approved Class Counsel's motion for reimbursement of litigation expenses and allocation for future litigation expenses. The Court approved $1,736,077.86 to be withdrawn from the Settlement Fund. $1,402,787.86 will be withdrawn to reimburse the individual legal firms comprising the IRP Plaintiff Steering Committee and $333,290.00 will be held in the litigation fund to reimburse future expenses. The order approving attorneys' fees, costs, and expenses is available on the Documents page of this website.

The Court approved the Settlement on May 30, 2025. You can find the Court's order approving the Settlement on the Documents page of this website.

No. You did not have to attend the Fairness Hearing.

Yes, you were able to speak at the Fairness Hearing as long as you did not exclude yourself (opt out) and you filed a timely written objection requesting to speak at the hearing.

A current list of the drugs at issue with this case can be found on the Documents page of this website.

The Notice summarizes the Settlement. Complete details about the Settlement are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Documents page of this website. You may get additional information by calling toll-free 1-877-644-0182, or by writing to:

In re Generic Pharmaceuticals Pricing Antitrust Litigation
Settlement Administrator
P.O. Box 2750
Portland, OR 97208-2750