On May 15, 2025, a jury returned a verdict finding Amgen Inc. (“Amgen”) liable for antitrust violations and awarding Regeneron Pharmaceuticals, Inc. (“Regeneron”) over $400 million in damages.
As we reported previously, Regeneron filed its antitrust lawsuit in 2022 in the U.S. District Court for the District of Delaware, alleging Amgen was engaged in an “unlawful, anticompetitive bundling scheme” by offering rebates on Otezla® and Enbrel® when purchased with Repatha®, forcing Third-Party Payors to “jettison Regeneron’s Praluent® in favor of Amgen’s Repatha®.” Regeneron also alleged Amgen was pricing Repatha® below cost, making it impossible for Regeneron to compete without losing money on Praluent®. Amgen’s motion to dismiss was denied in 2023.
Just prior to trial, on April 10, 2025, the court denied Amgen’s motion for summary judgment. The jury was impaneled on May 2 and the seven-day trial was held between May 5 and May 14. Of the original eleven counts alleged by Regeneron, ten persisted to trial, and the jury found for Regeneron on nine of those counts, and for Amgen on one, Count 8—Violation of California’s Unfair Practices Act. The counts found for Regeneron are:
- Counts 1 and 3—Monopolization in Violation of the Sherman Act Section 2
- Counts 2 and 4—Attempted Monopolization in Violation of the Sherman Act Section 2
- Count 5—Unreasonable Restraint of Trade in Violation of the Sherman Act Section 1
- Count 6—Sale on Condition to Exclude in Violation of Clayton Act Section 3
- Count 8—Violation of California’s Unfair Practices Act
- Count 9—Violation of California’s Cartwright Act
- Count 10—Violation of New York’s Donnelly Act
- Count 11—Tortious Interference with Prospective Business Relations
The jury also made determinations regarding the amount of damages, for a total of $406.8 million:
- Compensatory Damages: $135.6 million
- Punitive Damages: $271.2 million
Stay tuned to Big Molecule Watch for further developments in this case.