Roxane Polidora Talks to Law360 about Her Antitrust Experience

Polidora said the most challenging case she had worked on was an antitrust litigation matter, In re Synthroid MDL. She represented BASF subsidiary Knoll Pharmaceutical Company in a federal multidistrict class action and a state court litigation alleging concealment of a drug study regarding lower priced bioequivalent drugs. “The case was particularly challenging because the litigation was prompted by what was in our view a biased and inaccurate ‘60 Minutes’ episode that prejudged the case and resulted in massive filings of consumer lawsuits around the country each alleging billions in damages.”

When asked what aspect of her practice is in need of reform, Polidora said the availability of duplicative damage recoveries under state and federal antitrust laws. “Under current law, full recovery is available for direct purchasers under the Sherman Act while indirect purchasers at different levels of the distribution chain, i.e., manufacturers, distributors and end consumers, have standing to bring claims under certain state laws, including the Cartwright Act, contending that direct purchasers and indirect purchasers higher in the chain passed on overcharges to them.”