K-Dur 20 “Pay for Delay” Litigation
Direct purchasers of the brand-name drug K-Dur 20, a potassium chloride supplement used to treat patients with depleted potassium, alleged that Schering-Plough (which merged with Merck in 2009) and other companies violated federal antitrust law by entering into anticompetitive “pay for delay” agreements. They alleged Schering-Plough paid two of its rival generic manufacturers a total of $90 million to delay the market entry of their generic versions of K-Dur 20, thereby causing purchasers to pay artificially high prices for the drug. In May 2017, Merck and defendant Upsher-Smith Laboratories agreed to pay a $60.2 million settlement.
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