Actelion Pharmaceuticals Settles $65M Antitrust Lawsuit

Settlement reached just before trial in class action alleging anticompetitive scheme to block generic competition for Tracleer drug

Mar. 13, 2026 at 5:40pm

Got story updates? Submit your updates here. ›

A $65 million settlement has been preliminarily approved in an antitrust class action lawsuit against Actelion Pharmaceuticals, a subsidiary of Johnson & Johnson. The lawsuit alleged that Actelion engaged in an anticompetitive scheme to prevent generic drug manufacturers from developing a less expensive generic version of its pulmonary arterial hypertension drug, Tracleer, by blocking them from obtaining samples needed to file for FDA approval.

Why it matters

The settlement represents a significant recovery for the class of unions, employers, and other entities that paid higher prices for Tracleer and its generic version due to the alleged anticompetitive conduct. The case highlights ongoing concerns about pharmaceutical companies using various tactics to delay generic competition and maintain high drug prices.

The details

The lawsuit, brought by Government Employees Health Association (GEHA), claimed that Actelion refused to sell samples of Tracleer to generic manufacturers and contractually blocked them from obtaining samples from pharmacies, effectively preventing them from filing for FDA approval of a generic version. As a result, no generic product came to market for nearly four years after the Tracleer patent expired, during which time GEHA and other class members overpaid by over $100 million.

  • The lawsuit was originally filed in 2018.
  • The district court dismissed the case in 2019, but the Fourth Circuit Court of Appeals revived and remanded it in 2021.
  • On September 6, 2024, the district court granted class certification and denied Actelion's summary judgment motion, paving the way for trial.
  • The $65 million settlement was reached less than two weeks before a 25-day jury trial was set to begin on March 2, 2026.

The players

Government Employees Health Association (GEHA)

A not-for-profit provider of health benefits serving federal employees nationwide, and the lead plaintiff in the class action lawsuit.

Actelion Pharmaceuticals

A subsidiary of Johnson & Johnson that was the defendant in the antitrust class action lawsuit.

Sharon K. Robertson

A partner at Cohen Milstein and Co-Lead Counsel for the Class and trial counsel for the plaintiffs.

Thomas M. Sobol

Of Hagens Berman Sobol Shapiro LLC, and Co-Lead Counsel for the Class.

Got photos? Submit your photos here. ›

What they’re saying

“On behalf of our client and the certified Class of unions, employers and other entities that pay for prescription benefits on behalf of millions of patients, we are very pleased with this settlement, which represents a substantial recovery — nearly fifty percent of our conservative single damages estimate. If the settlement receives final approval, it will deliver meaningful relief to the Class who purchased Tracleer and generic Tracleer, bringing well-deserved resolution after more than seven years of hard-fought litigation.”

— Sharon Robertson, Partner, Cohen Milstein

What’s next

The judge will decide on whether to grant final approval of the $65 million settlement.

The takeaway

This case highlights ongoing concerns about pharmaceutical companies using anticompetitive tactics to delay generic competition and maintain high drug prices, which can have significant financial impacts on consumers, employers, and the healthcare system as a whole.