Union Sues AbbVie Over Humira ‘Monopoly’

Share

UFCW Local 1500 Welfare Fund, that provides health and welfare benefits to some 23,000 grocery workers in New York State, is suing AbbVie in an Illinois federal court alleging that it colluded to divide the market for its Humira between the U.S. and Europe and used a “patent thicket” to illegally maintain a monopoly on the drug. The class action antitrust suit says the welfare fund “paid artificially inflated prices for Humira and [was] deprived of the benefits of earlier and more robust competition from less-expensive biosimilar versions of Humira as a result of defendants’ wrongful conduct.”

The action seeks damages and injunctive relief for individuals who purchased Humira and for entities that provided reimbursement for some or all of the purchase price in the U.S. since 1/2017, the date the union says a biosimilar should have been available in the U.S. due to patent expiration.

The union says Humira, a biologic, is the best-selling prescription medication in the world with 2018 global sales reaching nearly $20 billion. The per-patient cost doubled from $19,000 per year in 2012 to more than $38,000 in 2018 after rebates, it says. The list price, absent rebates, can now reach $50,000 per year per patient.

The suit claims that AbbVie used its patents to enter into illegal market division agreements with seven other drug companies in a concerted effort to delay biosimilar entry in the U.S. until at least 2023, while allowing biosimilar entry in Europe years earlier.

Read more