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Mallinckrodt Must Face Humana’s Antitrust Claims Over Acthar

Aug. 17, 2020, 4:55 PM

Insurer Humana Inc. can advance antitrust claims over Mallinckrodt’s decision to spike the price of Acthar, which treats infantile spasms and multiple sclerosis, by a factor of 1,000, a federal judge in Los Angeles ruled.

Mallinckrodt offered “a number” of arguments against the economic analysis by Humana’s expert. But “these criticisms appear better directed to a challenge at the summary judgment stage,” Judge Dale S. Fischer wrote Aug. 14. Humana’s claims “need only be plausible,” not “proven,” the judge said.

The Aug. 14 ruling comes about five months after Fischer tentatively threw out Humana’s antitrust allegations while giving a green ...

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