In re: Asacol Antitrust Litigation

Frequently Asked Questions

  1. Why did I receive this Notice?
  2. What is this lawsuit about?
  3. What is a class action?
  4. Who are a part of the Class?
  5. Are there exceptions to being included?
  6. Who are a part of the Consumer End-Payor Class?
  7. Who are a part of the Third-Party Payor End-Payor Class?
  8. What are my options as a member of the End-Payor class?
  9. How do I exclude myself from the End-Payor Class?
  10. How and when will the Court decide who is right?
  11. Do I have a lawyer in the case?
  12. How do I get more information?
  1. Why did I receive this Notice?

    A court authorized this Notice because you have a right to know about this class action lawsuit. The Notice explains the lawsuit, the settlement, your legal rights, what benefits are available, and who can get them.

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  2. What is this lawsuit about?

    This lawsuit is about the prescription drug Asacol (400mg) and Defendants’ actions in removing it from the market shortly before its patents expired. End-Payor Plaintiffs claim that Defendants removed Asacol (400mg) and introduced “new” Delzicol to prevent the availability of a less-expensive generic version of Asacol (400mg) from entering the market. The lawsuit also claims that these actions were anticompetitive and violated certain state laws.

    End-Payor Plaintiffs believe that, as a result of Defendants’ actions, they were required to pay significantly more for branded drugs Delzicol and Asacol HD than they would have paid for generic Asacol had it been available.

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  3. What is a class action?

    In a class action, one or more people or companies called Class Representatives (in this case, Teamsters Union 25 Health Services & Insurance Plan, NECA-IBEW Welfare Trust Fund, Wisconsin Masons’ Health Care Fund, and Minnesota Laborers Health and Welfare Fund) sue on behalf of all other companies with similar claims. Together, the companies included in the class action are called a Class or Class Members. One court resolves the issues for all Class Members, except for those who ask to be excluded from the Class. 

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  4. Who are a part of the Class?

    The End-Payor Class includes consumers and third-party payors, such as a health and welfare plans and insurance companies that provide payment or reimbursement for some or all of the cost of prescription drug purchases made by its members, employees, insureds, participants, or beneficiaries.

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  5. Are there exceptions to being included?

    The settlement does not include: (1) Defendants and their officers, directors, management, employees, subsidiaries, or affiliates; (2) all persons or entities who purchased Asacol 400mg, Asacol HD, or Delzicol only directly from Defendants or for resale; (3) all government entities, except for government-funded employee benefit plans; (4) fully insured health plans; (5) pharmacy benefit managers; (6) all entities whose only post-July 31, 2013 purchases of Asacol HD and Delzicol were in Massachusetts, Missouri, or Vermont; (7) “Flat co-pay” “Cadillac Plan” consumers who made purchases only via fixed dollar co-payments that do not vary between brand and generic drugs; (8) Consumers who purchased Asacol HD prior to March 8, 2013 or who purchased Asacol 400mg, Asacol HD, or Delzicol only through a Medicaid program; (9) and the judges in this case and any members of their immediate families.

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  6. Who are a part of the Consumer End-Payor Class?

    You may be a member of the Consumer End-Payor Class if you are a person in the United States and its territories who purchased and/or paid for some or all of the purchase price for Delzicol or Asacol HD, in Arizona, California, Florida, Iowa, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Vermont, West Virginia, Wisconsin, or the District of Columbia for consumption by yourself or your family member, from July 31, 2013 to the present, and you purchased or paid for some or all of the purchase price for Asacol (400mg) before July 31, 2013.

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  7. Who are a part of the Third-Party Payor End-Payor Class?

    You may be a member of the Third-Party Payor End-Payor Class if you are an entity in the United States and its territories who purchased and/or paid for some or all of the purchase price for Delzicol or Asacol HD in Arizona, California, Florida, Iowa, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Vermont, West Virginia, Wisconsin, or the District of Columbia for consumption by your insureds, plan participants or beneficiaries, from July 31, 2013 to the present, and you purchased or paid for some or all of the purchase price for Asacol (400mg) before July 31, 2013.

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  8. What are my options as a member of the End-Payor class?

    If you are a member of the End-Payor Class you may:

      • Do nothing and remain in the End-Payor Class, or
      • Exclude yourself (i.e. opt out) from the End-Payor Class

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  9. How do I exclude myself from the End-Payor Class?

    To exclude yourself from the End-Payor Class you must send a letter to the Notice Administrator stating that you want to be excluded from the End-Payor Class in In re Asacol Antitrust Litigation, No. 1:15-cv-12730-DJC (D. Mass.). If you are a Consumer, your letter must also include your name, address, telephone number, and your signature. If you are a Third-Party Payor, for your request for exclusion to be valid, your letter must also include: (1) the name, title and signature of the entity representative with a representation of  his or her authority;  (2) the entity name, address, and IRS EIN; (3) data sufficient to establish the  entity’s relevant purchases of Asacol (400), Delzicol, and/or Asacol HD, measured in number of prescriptions, number of pills, and dollars paid for by you, and aggregated on a monthly basis for each of drug, and each Class State in which relevant purchases or payments were made. A separate exclusion request must be filed by each TPP electing to be excluded from the End-Payor Class in the litigation with Defendants.

     Exclusion requests must be mailed to the Notice Administrator so it is received by January 19, 2018 to:

     In re Asacol End-Payor Antitrust Litigation Notice Administrator

    Exclusions

    c/o KCC Class Action Services

    3301 Kerner Blvd.,

    San Rafael, CA 94901

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  10. How and when will the Court decide who is right?

    Update: The First Circuit stayed the trial set to begin on January 22, 2018 pending the resolution of Defendants' appeal of the District Court's class certification decision.

    The Court will hold a trial in this case on January 22, 2018 at the United States District Court for the District of Massachusetts, 1 Courthouse Way Boston, Massachusetts 02210. During the trial, a Jury or the Judge will hear all of the evidence to help them reach a decision about whether the End-Payor Plaintiffs or Defendants are right about the claims in the lawsuit.  You do not need to attend the trial. Co-Lead Counsel will present the case for the End-Payor Plaintiffs, and Counsel for the Defendants will present the defenses. You or your own lawyers are welcome to come at your own expense.

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  11. Do I have a lawyer in the case?

    Yes, the Court has appointed Tyler W. Hudson of Wagstaff & Cartmell, LLP and Kenneth A. Wexler and Justin N. Boley of Wexler Wallace LLP to represent you and other End-Payor Class Members. These law firms are called Co-Lead Counsel for the End-Payor Class. They are experienced in handling similar cases against other companies. More information about these law firms and lawyers can be found at www.wagstaffcartmell.com and www.wexlerwallace.com.

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  12. How do I get more information?

    For more information about this lawsuit, you can find copies of End-Payor Plaitniff's complaint, the Court's order certifying the End-Payor class, and other filings on this website at the Case Documents Page.  You can review complete copies of public pleadings, Court rulings, and other filings are available for review and copying at the Office of the Clerk of Court, United States District Court for the District of Massachusetts, John Joseph Moakley U.S. Courthouse, 1 Courthouse Way, Suite 2300, Boston, Massachusetts 02210 during normal business hours.

     Additional information is also available by calling 1-866-645-6510, sending an email to info@AsacolAntitrustLitigation.com, or by writing to In re Asacol End-Payor Antitrust Litigation Notice Administrator, P.O. Box 404041, Louisville, KY 40233-4041. 

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