King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al.

The plaintiffs are a class of direct purchasers of the brand name prescription drug Provigil, a narcolepsy treatment. They allege that the defendants violated antitrust laws by improperly delaying the market entry of cheaper generic substitutes to Provigil.

Econ One has been retained by counsel for the plaintiffs. Dr. Jeffrey Leitzinger submitted three expert reports and provided deposition testimony on two separate occasions relating to class certification and merits issues. Those issues included the likely impact of a delay in generic competition on the class members, the availability of common, class-wide economic evidence and methodologies that would demonstrate class-wide impact in the form of overcharges, whether those overcharges could be calculated as a whole on an aggregate basis using reliable methodologies, monopoly power and market definition, and aggregate overcharge damages. The class has been certified.