The Firm’s Antitrust Group focuses on helping clients that have been injured by anticompetitive and unlawful business practices. Competitive markets are at the heart of the U.S. economy. Kessler Topaz helps protect competition against those who would curtail choices, control prices or otherwise interfere with fair markets.
The firm has done pioneering work in the highly specialized field of pharmaceutical antitrust litigation where we have helped clients recovery for overcharges related to prescription drug and other health care expenditures. For example, in In re: Loestrin Fe 24 Antitrust Litigation, MDL No. 2472 (D.R.I.), Kessler Topaz represented direct purchasers in an antitrust litigation challenging the alleged unlawful delayed entry of generic versions of Loestrin 24 Fe, Minastrin 24 Fe, and Lo Loestrin Fe into the marketplace. After several years of litigation, which included dozens of depositions, expert reports and rebuttals, two separate rounds of summary judgment, successful certification of a class, the submission of motions in limine, pre-trial memoranda, trial exhibits, and proposed trial deposition testimony, the case settled for $120 million on the eve of jury selection.