Tuesday, December 7, 2021

"Pearl Harbor Day" 2021 -- For Martin Shkreli. Game Over, In Daraprim® Antitrust Suit. $40 Million Damages.


Just as we've repeatedly predicted (at another property, as well as here, at this home), the case will proceed now only as against Martin.

He will lose, and lose big. [Here is the FTC presser.]

Perhaps more, later -- as I digest this -- but please credit this outlet as a link if you use my copies of the actual court filings [of the now final, as entered] settlement order. Here are some of the particulars:

. . .The Stipulated Order also includes (a) injunctive relief in the form of conduct prohibitions that prevent Mr. Mulleady (or any company owned or controlled by him) from engaging in conduct similar to that challenged in the Amended Complaint for a period of 10 years, as set forth in Section II.F; and (b) injunctive relief that bans, restrains, and enjoins Mr. Mulleady from participating in various activities relating to, exercising control over, and serving as an officer or director of, any pharmaceutical company, and from acquiring, holding, or voting more than 8% of any pharmaceutical company, with two exceptions, for a period of 7 years, as set forth in Section II.C and D of the Stipulated Order....

The Corporate Defendants shall pay a guaranteed amount of $10 million upfront and up to $30 million more in contingent payments over 10 years as set forth in Paragraphs V.A-G of the Stipulated Order. . . .

[And a] suspended judgment of $250,000 is entered against Mr. Mulleady that is payable only after a final, unappealable court ruling that he has violated the Order, as set forth in Paragraph V.H. of the Stipulated Order
. . . .


Here are the full forty pages of the settlement particulars, as well. They include a prohibition on Vyera or Phoenixus AG acquiring any new pharmaceutical businesses in the US, unless the FTC consents, in writing, after a HSR style review. That's pretty. . . creative, sez Condor.

Just as we predicted. And $40 million is a fair compromise, here. Perhaps of the most relevance, for this blog... is the notion that any money Martin ever comes into now, will likely either go to Dr. Koestler, or the relief fund, at the FTC (after trial and verdict -- but likely all done before Christmas, 2021 now).

Grinning. . . perfect.

नमस्ते

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