Berger and Montague served as co-lead counsel
representing a certified class of direct purchasers of the drug
Plaintiffs alleged that Braintree Laboratories, Inc.
unlawfully acquired and maintained monopoly power over a
prescription drug known as polyethylene glycol 3350 ("PEG") - a
laxative Braintree sold under the brand-name Miralax.
Plaintiffs further alleged that Braintree took these steps in order
to unlawfully prevent generic versions of PEG from entering the
market in competition with Miralax. Braintree's scheme did, in
fact, successfully delay market entry of less expensive generic
versions of PEG.
On May 31, 2012, the court granted final approval of a
$17.25 million settlement.