Court Denies Summary Judgment In Nexium Antitrust MDL

In In re: Nexium (Esomeprazole) Products Liability Litigation, Massachusetts District Court Judge William G. Young denied AstraZeneca PLC and Ranbaxy Inc.’s motion for partial summary judgment in multidistrict litigation alleging the companies violated antitrust laws by agreeing to delay entry of a generic version of AstraZeneca’s heartburn drug Nexium.  In their motion, defendants argued that the antitrust claims relating to Ranbaxy’s alleged exclusion from the market were time-barred because they accrued at the time AstraZeneca and Ranbaxy entered into a settlement agreement.  The court disagreed with the defendants, holding that the plaintiffs presented enough evidence to show that the statute of limitations on those claims started to run when Ranbaxy would have launched a generic version of Nexium absent a settlement with AstraZeneca, since any overcharges would first be incurred upon that date, and not on the date of the settlement agreement.

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