Insurance Trust Fund Sues Allergan for Anticompetitive Practices

A class of indirect purchasers filed an antitrust suit against Allergan over the transfer of its Restasis patents to the St. Regis Mohawk tribe and other anticompetitive practices that inflated the drug’s price.

Allergan’s arrangement with the tribe, which asserted its sovereign immunity from patent challenges, constituted an illegal delay of generic competition and an antitrust violation, according to the lawsuit, filed in the Eastern District of Texas.

The plaintiff, the Insurance Trust Fund for the Fraternal Order of Police, Miami Lodge 20, also claimed it was sold Restasis at “supracompetitive prices.”