In Re Generic Pharmaceuticals Pricing Antitrust Litigation

A court authorized the Notice because you have the right to know about the Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. The Notice explains the lawsuit, the Settlement and your legal rights.

The Honorable Cynthia M. Rufe of the United States District Court for the Eastern District of Pennsylvania is overseeing this class action. The lawsuit is known as In re Generic Pharmaceuticals Pricing Antitrust Litigation, Case No. 16-md-2724 (the “lawsuit”).

The Indirect Reseller Plaintiffs (“Plaintiffs”) allege that the Defendants participated in one or more unlawful conspiracies to raise, fix, maintain, and/or stabilize prices, rig bids, and allocate markets and customers for Drugs at Issue in violation of Section 1 of the Sherman Act and various state antitrust, unfair competition, unjust enrichment, and consumer protection laws.

In this Notice, “Defendants” refers to more than three dozen companies, corporations, and individuals involved in the sale and distribution of generic drugs (a complete list is available on the Documents page of this website) and “Settling Defendant” refers to Breckenridge Pharmaceutical, Inc. The Plaintiffs have reached a Settlement with Breckenridge. However, the Plaintiffs’ lawsuit is still proceeding against other Defendants. Those other Defendants may be subject to separate settlements, judgments, or class certification related orders. If applicable, you will receive a separate notice regarding the progress of the lawsuit and any resolution of allegations against the other Defendants.

Breckenridge denies the allegations and denies any wrongdoing or liability. No court or other judicial entity has made any judgment or other determination of any wrongdoing by Breckenridge, or that any law has been violated. Instead, Plaintiffs and Breckenridge have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit.

In a class action, one or more people or businesses (called class representatives) sue on behalf of all people or businesses who have similar allegations. Together, all of these people are called a class or class members. One court resolves the issues for all class members, except for those class members who timely exclude themselves (opt out) from the class.

The Class Representatives in this lawsuit are Plaintiffs Chet Johnson Drug, Deal Drug Pharmacy, Falconer Pharmacy, Halliday’s & Koivisto’s Pharmacy, North Sunflower Medical Center, Russell’s Mr. Discount Drugs, and West Val Pharmacy (“Class Representatives”).

Plaintiffs and Breckenridge do not agree about the allegations made in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of Plaintiffs or Breckenridge. Instead, Plaintiffs and Breckenridge have agreed to settle the lawsuit. The Plaintiffs, Breckenridge, and their lawyers believe the Settlement is best for all Settlement Class Members because of the risks and uncertainty associated with continuing the lawsuit.

The Settlement Class includes:

All dispensers of drugs (including hospitals and independent pharmacies) in the United States and its territories that purchased one or more of the Drugs at Issue directly from distributor AmerisourceBergen Corp., Cardinal, Red Oak, Harvard, H.D. Smith, McKesson, Morris & Dickson or WBAD or their subsidiaries; and all dispensers of drugs (including hospitals and independent pharmacies) in the State Damages Jurisdictions that purchased one or more of the Drugs at Issue from any source other than the manufacturer Defendants from January 1, 2010 through March 5, 2024.

Hospitals include facilities that provide inpatient medical treatment with overnight accommodation as well as urgent-care clinics.

The State Damages Jurisdictions include Alabama, Arizona, California, Connecticut, District of Columbia, Delaware, Florida, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin.

The Drugs at Issue include any formulation of any drug that is the subject of the lawsuit. A list of the Drugs at issue can be found on the Documents page of this website.

Yes. Specifically excluded from the Settlement Class are:

1. Defendants, their officers, directors, management, employees, subsidiaries, and affiliates;
2. entities owned in part by judges or justices involved in this action or any members of their immediate families;
3. all pharmacies owned or operated by publicly traded companies; and
4. all hospitals owned or operated by federal government entities and any other government entities named as parties in this MDL or in related actions styled Connecticut, et al. v. Sandoz, et al., No. 3:20-cv-00802 (D. Conn.), Connecticut, et al. v. Aurobindo, et al., No. 3:16-cv-02056 (D. Conn.), and Connecticut, et al. v. Teva, et al., 3:19-cv-00710 (D. Conn.).

If you are in one of these categories, you are not a Settlement Class Member and not eligible to participate in the Settlement.

If you are still not sure whether you are a Settlement Class Member, you may call the Settlement Administrator toll-free at 1-877-644-0182.

If the Settlement is approved, Breckenridge is required to pay $1,000,000 to resolve all Settlement Class Members’ allegations against Breckenridge for the Released Claims (as defined in the Settlement Agreement). In addition to this monetary benefit, Breckenridge has also agreed to provide specified cooperation in the Indirect Reseller Plaintiffs’ continued prosecution of the lawsuit. The Settlement Agreement is available on the Documents page of this website.

Unless you exclude yourself (opt out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders and any judgments will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Releasees (“Released Parties”) about the legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

You are not releasing your allegations against any Defendant other than Breckenridge.

Section C of the Settlement Agreement describes the “Released Claims,” and the Release in necessary legal terminology, so read this section carefully. The Settlement Agreement is available on the Documents page of this website. For questions regarding the Release or Released Claims and what the language in the Settlement Agreement means, you can also contact one of the Settlement Class Counsel lawyers listed in Question 16 for free, or you can talk to your own lawyer at your own expense.

If you are a Settlement Class Member and you do nothing, you will remain a Settlement Class Member and may participate in the Breckenridge Settlement and submit a timely and valid Claim Form when that option is available at a later date. You will also have the opportunity to participate in any future settlements or judgments obtained against the other Defendants in the lawsuit. You will give up rights explained in the “Excluding Yourself from the Settlement” section of this Notice, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against any of the Released Parties about the legal issues in this lawsuit that are released by the Settlement.

By staying in the lawsuit, you are not releasing your allegations against any Defendant other than Breckenridge.

You must submit a timely and valid Claim Form for Settlement benefits. Claim Forms may be submitted until 90 days following the Court’s final approval of the Settlement Agreement. The court will hold a hearing on November 17, 2026, to determine whether to grant final approval of the Settlement. Claim Forms are available to download on the Documents page of this website, by calling 1-877-644-0182 or by writing to:

You must submit separate Claim Forms for the Breckenridge Defendant and the Apotex Defendant.

If you file a timely and valid Claim Form, Settlement benefits will be provided by the Settlement Administrator after the Settlement is approved by the Court and becomes final.

It may take time for the Settlement to be approved and become final. Please be patient and check this website for updates.

To exclude yourself from the Settlement, you must mail a written request for exclusion (“Request for Exclusion”), which includes the following:

1. Your name, address and telephone number;

2. A statement explaining why you wish to be excluded from the Breckenridge Settlement Class; and

3. The quantity, dollar amount, and information sufficient to show the purchases of Drugs at Issue.

The Request for Exclusion must be mailed to the Settlement Administrator at the following address, and be postmarked by August 6, 2026:

You cannot opt out (exclude yourself) by telephone or by email.

No. If you exclude yourself, you will not be entitled to receive Settlement benefits, but you will not be bound by the Settlement or any judgment in this lawsuit against the Released Parties. You can only get Settlement benefits if you stay in the Settlement and submit a timely and valid Claim Form.

No. Unless you exclude yourself, you give up the right to sue the Released Parties for the allegations this the Settlement resolves. You must exclude yourself from this Settlement to start or continue with your own lawsuit or be part of any other lawsuit against the Released Parties. If you have a pending lawsuit against Breckenridge, speak to your lawyer in that case immediately.

By staying in the lawsuit, you are not releasing your allegations in this lawsuit against any Defendant other than Breckenridge.

If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Breckenridge Settlement.

To object, you must timely file your objection with the Court, Settlement Class Counsel, and Breckenridge’s counsel as provided below by August 6, 2026, stating you object to the Breckenridge Settlement in In re Generic Pharmaceuticals Pricing Antitrust Litigation, Case No. 16-md-2724.

To file an objection, you cannot exclude yourself from the Breckenridge Settlement Class. Your objection must include all of the following information:

1. A statement of intent to object;

2. A detailed statement of the legal and factual grounds for each objection;

3. A statement regarding whether you intend to appear at the Fairness Hearing; and

4. Your signature.

Any Settlement Class Member who fails to comply with the requirements for objecting detailed above will waive and forfeit any and all rights they may have to appear separately and/or to object to the Settlement Agreement and will be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the lawsuit.

Objecting is telling the Court that you do not like something about the Settlement. You can object only if you do not exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you cannot object because the Settlement no longer affects you.

Yes, the Court has appointed Christian Hudson of Cuneo Gilbert Flannery & LaDuca, LLP as Settlement Class Counsel to represent you and the Settlement Class for purposes of the Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Settlement Class Counsel to represent you in this lawsuit.

Settlement Class Counsel may ask the Court for attorneys’ fees based on their services in this lawsuit. A reasonable amount of the Settlement Fund, not to exceed $250,000, will be used toward notice to the Settlement Class. Any payment to Settlement Class Counsel or the Class Representatives would be subject to Court approval, and the Court may award less than the requested amount. The attorneys’ fees, costs, expenses, and service awards that the Court orders, plus the costs to administer the Settlement, will come out of the Settlement Fund. Settlement Class Counsel may seek additional attorneys’ fees, costs, expenses, and service awards from any other settlements or recoveries obtained in the future. When Settlement Class Counsel’s motion for attorneys’ fees, costs, expenses, and service awards is filed, it will be available on the Documents page of this website.

The Court will hold a Fairness Hearing to decide whether to approve the Settlement on November 17, 2026, at 11:00 a.m before the Honorable Cynthia M. Rufe at the 12614 U.S. Courthouse, 601 Market Street, Philadelphia PA, 19106. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Settlement Class Counsel’s application for attorneys’ fees, expenses, and costs, and the service awards to the Class Representatives.

If there are timely objections, the Court will consider them. The Court will listen to Settlement Class Members who have filed a timely objection and requested to speak at the hearing.

The date and time of the Fairness Hearing are subject to change without further notice to the Settlement Class. The Court may also decide to hold the hearing via video conference or by telephone. You should check this website to confirm the date and time of the Fairness Hearing has not changed.

No. Settlement Class Counsel will answer any questions the Court may have. However, you are welcome to come at your own expense. If you file an objection, you do not have to come to Court to talk about it. As long as you file your written objection on time, the Court will consider it.

Yes, as long as you do not exclude yourself (opt out) and you file a timely written objection requesting to speak at the hearing, you can (but do not have to) participate and speak for yourself at the Fairness Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

If you want to appear, or if you want your own lawyer instead of Settlement Class Counsel to speak for you at the hearing, you must follow all of the procedures for objecting to the Settlement listed in Question 16 above—and specifically include a statement whether you or your lawyer will appear at the Fairness Hearing.

A current list of the drugs at issue with this case can be found on the Documents page of this website.

The Notice summarizes the Settlement. Complete details about the Settlement are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Documents page of this website. You may get additional information by calling toll-free 1-877-644-0182, or by writing to:

In re Generic Pharmaceuticals Pricing Antitrust Litigation
Brekenridge Defendant
P.O. Box 2750
Portland, OR 97208-2750

PLEASE DO NOT CONTACT THE COURT REGARDING THIS LAWSUIT.