In re: Nexium Plaintiffs Seek A Permanent Injunction

As we reported earlier, the jury in In re: Nexium found that AstraZeneca had violated the antitrust laws by acting to keep generics off the market but that no generic would have been introduced earlier in the market even without the violation. Thus, the jury found that the plaintiffs were not entitled to relief. Despite the unfavorable jury verdict on the issue of causation, In re: Nexium plaintiffs have filed for a permanent injunction barring AstraZeneca from implementing its No-Authorized-Generic pledge. Plaintiffs primarily argue that AstraZeneca's pledge continues to violate the antitrust laws. According to plaintiffs, that pledge harms consumers in two ways: "(1) it serve[s] as a payment to Ranbaxy, in exchange for which Ranbaxy agree[s] to push back the generic entry date . . . ; and (2) once Ranbaxy finally does enter the market, the No-[Authorized-Generic] clause . . . prohibit[s] AstraZeneca from entering with an authorized generic and driving down the