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Zetia Buyers Get Narrow Market In Generic-Delay Suit

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Zetia Buyers Get Narrow Market In Generic-Delay Suit
By Matthew Perlman (February 25, 2022, 7:23 PM EST) — A Virginia federal court has sided with buyers in their bid to limit the scope of competition considered in their suit accusing Merck and Glenmark of striking a deal to keep generic versions of cholesterol drug Zetia off the market.

U.S. District Judge Rebecca Beach Smith issued an order Thursday adopting a magistrate judge’s recommendation to grant partial summary judgment in favor of the buyers, who contend the market at issue in the case includes only Zetia and its ezetimibe generics.

Judge Smith said that adopting the “overinclusive” view of the market suggested by Merck and Glenmark — which would include…

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