Indivior avoids multi-state antitrust trial with $100m payout

Case involved the alleged monopolisation of an opioid addiction treatment | More than 40 attorneys general had filed complaints against the pharma company.

Indivior will pay $102.5 million to resolve a multi-district antitrust suit brought by the attorneys general of more than 40 US states that alleged the monopolisation of the drug  Suboxone, which were used to treat opioid addiction.

The company  confirmed on Friday, June 2, that the agreement will become final once entered by the US District Court for the Eastern District of Pennsylvania, with the full payment to be made by the end of the month.

It means that a scheduled September trial will no longer go ahead in that court.

The case emerged back in 2016, when the states accused Indivior of switching to an oral film version of Suboxone from a tablet version to retain its monopoly and thwart the efforts of generic drugmakers who planned to release a lower-cost tablet version of treatment.

Commenting on the settlement,  Mark Crossley, chief executive officer of Indivior, said: “Indivior is focused on helping those who suffer from substance use disorders.

“We take our role as a responsible steward of medications for addiction and rescue extremely seriously. Resolving these legacy matters at the right value allows us to further this mission for patients,” he added.

As part of the agreement, the claimants have agreed to abandon all claims related to the litigation, while Indivior has agreed to certain notification provisions and restrictions.

For instance, the company is required to make and provide specified disclosures and notifications to the claimants, including regular written reports on its compliance with the agreement, any filing of a citizen petition with the  US Food and Drug Administration (FDA), and any filing of a new drug application (ANDA) for a follow-on drug product with FDA.

Other stipulations include the notification of the approval of new drug products, as well as any proposed changes to the company’s corporate structure.

In addition, the company is prohibited from certain conduct that may arise from the approval of an ANDA for a follow-on drug product.

In November 2020, the company agreed to adhere to a 10-year stipulated order delivered by the  Federal Trade Commission (FTC), which compels Indivior to carry out similar measures.