In a landmark antitrust verdict, Takeda Pharmaceutical Company has been ordered to pay $885 million in damages.

This figure could further rise to nearly $2.5 billion after mandatory trebling, following a US federal jury ruling that found the company liable for engaging in a “pay-for-delay” scheme involving its constipation drug Amitiza (lubiprostone).

The verdict was delivered by a jury in the US District Court for the District of Massachusetts, marking the first time a federal jury has found a pharmaceutical company liable in a pay-for-delay litigation case. 

According to the jury’s findings, Takeda entered into an anticompetitive agreement with Par Pharmaceutical that prevented a cheaper generic version of the drug from entering the market.

The lawsuit, filed in 2021 by wholesalers, retail pharmacies, and end payers, alleged that plaintiffs had overpaid for Amitiza due to delayed generic competition. Major retail pharmacy chains including CVS Health and Walgreens Boots Alliance were among the plaintiffs.

“We remain firm in our conviction that the plaintiffs’ case lacks merit, and we will vigorously pursue post-trial motions and an appeal,” the company said in a statement.