TriCor Cases

Direct purchasers, indirect purchasers, and generic manufacturers sued Abbott Laboratories and Fournier in these cases alleging that the introduction of new formulations (and subsequent delisting of the old formulations) of the cholesterol drug TriCor harmed competition by hindering generic manufacturers’ ability to sell old versions of the products. Rich Gilbert and Meg Guerin-Calvert, supported by Jim Ratliff, Bret Dickey, and a Compass Lexecon team spanning the Oakland, San Francisco, Los Angeles, and Washington, DC offices, were retained to analyze the relevant economic issues. Dr. Gilbert and Ms. Guerin-Calvert testified at the liability trial of the direct purchaser and generic manufacturer cases; the cases settled during trial for a fraction of the total damages sought by plaintiffs. Abbott was represented by Bill Cavanaugh, Tom Pippert and others at Patterson Belknap Webb & Tyler LLP; Fournier was represented by Bill Baer, James L. Cooper, and others at Arnold & Porter LLP.