A Delaware federal court has ruled against Amgen’s bid to dismiss an antitrust lawsuit filed by Regeneron Pharmaceuticals Inc., which accuses Amgen of using a bundling scheme to stifle competition in the market for cholesterol-reducing drugs. This ruling means that the case will continue to trial, as U.S. District Judge Jennifer L. Hall found sufficient evidence to support Regeneron’s claims of anticompetitive conduct.
In her ruling, Judge Hall rejected Amgen’s motion for summary judgment, which argued that Regeneron’s lawsuit lacked evidence of exclusionary or anticompetitive behavior. The judge emphasized that the case presents factual disputes that need to be resolved in court. Regeneron alleges that Amgen offered bundled discounts, using its drugs Repatha, Enbrel, and Otezla, to force competitors out of the market.
“Regeneron has presented evidence from which a jury could find that Amgen offered bundled discounts that restricted Regeneron’s access to key market segments,” Judge Hall stated. “Additionally, the evidence suggests that Amgen entered into exclusive arrangements that substantially foreclosed Regeneron from competing in the market.”
Regeneron claims that Amgen used rebates offered to pharmacy benefit managers (PBMs) for Enbrel and Otezla to secure exclusive coverage for Repatha, its cholesterol drug. According to Regeneron, this practice prevents competitors from matching the price advantages PBMs received from Amgen’s bundle, thus diminishing competition.
Judge Hall also noted that Regeneron has provided evidence that could lead a jury to find that Amgen’s actions resulted in below-cost pricing in certain market segments, ultimately harming competition.
“This case involves potential anticompetitive effects, such as reduced investment in innovation, higher prices, and less consumer choice,” Judge Hall observed. “Regeneron’s evidence of these effects is sufficient to move forward with the case.”
Amgen’s attempt to have the case dismissed is part of a broader dispute over its business practices. The company has vigorously denied the allegations, maintaining that the competition between Repatha and Regeneron’s Praluent has benefited consumers by driving prices down.
The lawsuit, initially filed in 2022, centers on Regeneron’s allegations that Amgen has used its dominance in the market for other drugs to unfairly pressure entities that cover and reimburse cholesterol drug costs, ultimately attempting to eliminate Regeneron’s product from the market.
Regeneron continues to assert that Amgen’s bundling strategy unlawfully restricts competition and harms consumers by reducing choices in the market for cholesterol-reducing treatments.
The case, Regeneron Pharmaceuticals Inc. v. Amgen Inc., is currently pending in the U.S. District Court for the District of Delaware. The legal battle represents a significant moment in the ongoing scrutiny of business practices in the pharmaceutical industry.
