Preliminary $65M Settlement Approved in Antitrust Case Against J&J Subsidiary

Lawsuit alleged Actelion blocked generic competition for pulmonary hypertension drug Tracleer, causing overpayments

Mar. 13, 2026 at 5:51pm

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A federal court has preliminarily approved a $65 million settlement 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 version of its pulmonary hypertension drug Tracleer, resulting in higher prices for consumers.

Why it matters

The case highlights concerns about pharmaceutical companies using tactics to delay generic competition and maintain high drug prices. The settlement, if finalized, will provide relief to the class of health plans and other entities that overpaid for Tracleer due to Actelion's alleged actions.

The details

The lawsuit, brought by the Government Employees Health Association (GEHA), claimed that Actelion blocked generic manufacturers from obtaining samples of Tracleer, which were required to file for regulatory approval of a generic version. Actelion allegedly refused to sell samples to generic drugmakers and also contractually prevented pharmacies from providing the samples. This allegedly allowed Actelion to maintain its monopoly on Tracleer for nearly four years after the patent expired, resulting in over $100 million in overpayments by health plans and other third-party payors.

  • The lawsuit was originally filed in 2018.
  • In 2021, the U.S. Court of Appeals for the Fourth Circuit revived and remanded the case.
  • On September 6, 2024, the district court granted class certification and denied Actelion's motion for summary judgment.
  • 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 lawsuit.

Actelion Pharmaceuticals

A subsidiary of Johnson & Johnson that manufactures the pulmonary hypertension drug Tracleer, and the defendant in the lawsuit.

Sharon Robertson

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

Thomas M. Sobol

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

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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 (Globe Newswire)

What’s next

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

The takeaway

This case highlights the ongoing battle between pharmaceutical companies and generic drug makers, with allegations of anticompetitive tactics used to maintain high drug prices. The preliminary settlement, if finalized, will provide some relief to health plans and consumers who overpaid for the pulmonary hypertension drug Tracleer.