In re: Wellbutrin XL Antitrust Litigation, No. 08-cv-2431 (E.D. Pa.)

In the Wellbutrin XL case, Faruqi & Faruqi, LLP represents a certified class of direct purchasers of GlaxoSmithKline’s branded antidepressant tablet Wellbutrin XL (extended-release bupropion hydrochloride).  The suit alleges that GSK and its co-conspirator, Biovail (now known as Valeant), engaged in an overarching anticompetitive scheme in order to delay less-expensive competition from generic versions of Wellbutrin XL.  The scheme included 4 sham patent infringement lawsuits, a baseless FDA petition, and later an  illegal “non-compete” agreement with the first-filed generic competitor to delay launching one of the 2 dosage strengths of  generic Wellbutrin XL for an additional 18 months in exchange for GSK and Biovail’s withholding an authorized generic version of Wellbutrin XL.  The suit alleges that, as a result of the scheme, direct purchasers were overcharged almost $2.5 billion on their purchases of extended-release bupropion hydrochloride, in violation of §§ 1 and 2 of the Sherman Act. The case partially settled for $37.5 million in 2012 and is proceeding against the non-settling defendant, GSK.