Takeda Pharmaceutical Faces $885 Million Verdict in Antitrust Case

A U.S. jury found Takeda Pharmaceutical responsible for $885 million in damages, ruling they delayed a generic version of Amitiza through an anticompetitive scheme. This marks the first such jury verdict since 2013. Damages could triple under antitrust law due to pay-for-delay agreements.

A Boston jury has delivered a major blow to Takeda Pharmaceutical, holding the company accountable for $885 million in damages for its role in delaying a generic version of the constipation drug Amitiza. The decision marks a significant precedent as the first jury verdict against a drugmaker on antitrust charges related to reverse-payment agreements.

The lawsuits, filed in 2021 by pharmacies and insurers, accused Takeda of employing a 'pay-for-delay' strategy, which involves compensating generic drugmakers to postpone the release of cheaper alternatives. This controversial practice, often seen as a violation of antitrust laws, has been under scrutiny following the U.S. Supreme Court's 2013 ruling allowing such allegations to be tried.

Takeda partnered with Sucampo Pharmaceuticals to sell Amitiza and faced litigation from Par Pharmaceutical over generic versions. A 2014 settlement postponed Par's generic launch until 2021, allegedly costing consumers significantly. With damages possibly tripling, the financial implications for Takeda might soar beyond the jury's verdict.