As alleged in its motion and proposed accompanying complaint, Plaintiff, the State of Louisiana, brought its action with respect to purchases of and reimbursements for the prescription drug Provigil and its generic equivalent, modafinil. That action alleges that Defendants (a) illegally maintained monopoly power in the market for Provigil in the United States, and specifically in Louisiana, from 2006 to 2011 or 2012, and sold more than $4 billion of Provigil during that time; (b) maintained the price of Provigil at supra-competitive levels; and (c) caused the State of Louisiana and its citizens to overpay millions of dollars by depriving it of the benefits of unrestricted competition and access to less expensive generic versions of modafinil. Specifically, due to Defendant’s monopolistic actions and unfair and deceptive trade practices and acts, the State and its citizens paid unlawfully inflated prices for brand name Provigil when generic versions of Provigil, and the accompanying lower generic prices, would otherwise have been available but for Defendants’ unlawful conduct.
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