Pharmaceutical company charges Thiola manufacturer with anticompetitive conduct

By Noddy A. Fernandez | Nov 8, 2018

PHILADELPHIA — A pharmaceutical company is suing a drug manufacturer, citing alleged monopolization and unfair competition.

Spring Pharmaceuticals LLC filed a complaint on Oct. 23 in the U.S. District Court for the Eastern District of Pennsylvania against Retrophin Inc.; Martin Shkrell Mission Pharmacal Co.; and Alamo Pharma Services Inc., alleging the defendant engaged in anticompetitive conduct in violation of the Section 2 of the Sherman Act.

According to the complaint, since 2014 Spring Pharmaceuticals has been unable to access samples of Thiola to perform the testing required by the FDA, and has thereby been excluded from the marketplace due to defendants' alleged preclude generic entry and preserve monopoly over of the drug. 

Thiola is a prescription pharmaceutical product used to treat patients suffering from a chronic generic disease known as cystinuria, which causes recurring kidney stones. Despite being off-patent, Thiola has not yet been subjected to generic competition because of defendants' alleged exclusionary conduct, the suit says.

The plaintiff holds Retrophin Inc.; Martin Shkrell Mission Pharmacal Co. and Alamo Pharma Services Inc. responsible because the defendants allegedly engaged in anticompetitive conduct in order to unlawfully acquire and maintain its monopoly in the relevant market.

The plaintiff requests a trial by jury and seeks sell sufficient quantities of Thiola at market prices, award of damages for the losses suffered, costs, expenses, and such other and further relief as the Court deems just and proper. Plaintiff is represented by Dan Webb, David Dahlquist and Kurt Mathas of Winston & Strawn LLP in Chicago.

The U.S. District Court for the Eastern District of Pennsylvania Case No. is 2:18-cv-04553-JCJ.

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U.S. District Court for the Eastern District of Pennsylvania Winston&Strawn Llp

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