A federal lawyer heart two hours of oral arguments Friday from a lawyer representing two union health plans, accusing drug makers of fraud for coupons offered to consumers on brand name drugs. While the drug companies motioned to dismiss the two class actions, US District Judge Paul Oetken pressed the lawyer to explain how the coupons violated the law; according to reports, the coupons are accused to be “undisclosed kickbacks” and “commercial bribery” in violation of antitrust law intended to keep consumers on brand name drugs, often more expensive than their generic counterparts. According to the plaintiffs, the drug makers are utilizing coupons to preserve their market shares. According to reports, the Judge did not seem entirely convinced of the claims made.
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