Current Cases

In re Actos End Payor Antitrust Litigation

Status Current Case

Practice area Antitrust

Court U.S. District Court, Southern District of New York

Case number 1:13-cv-09244


On August 22, 2014, a consolidated complaint was filed in U.S. District Court for the Southern District of New York, alleging Takeda Pharmaceutical Company engaged in an overarching anticompetitive scheme to allocate, and unreasonably delay competition in the market for ACTOS AND ACTOplus met. Doctors prescribe ACTOS and ACTOplus met to treat Type 2 diabetes in adults.

ACTOS became one of Takeda’s biggest selling products and by 2011, ACTOS and ACTOplus met together generated over $3 billion in annual sales. The lawsuit alleges Takeda knew that the products were vulnerable to a rapid and near-complete loss of sales once less expensive, generic versions entered the market and entered into agreements to delay competition.

The complaint further alleges Takeda devised a multi-part scheme which enticed would-be generic competitors to join, successfully delaying the entry of less expensive generic drugs into the market and depriving patients of access to more affordable treatment options.

Cohen Milstein Sellers & Toll PLLC serves on the Executive Committee in this action.

The case name is: In re Actos End Payor Antitrust Litigation, Case No. 1:13-cv-09244, U.S. District Court, Southern District of New York.