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Regeneron Pharmaceuticals Awarded $271.2M in Damages Against Amgen

By  |  May 15, 2025

Regeneron Pharmaceuticals Inc. secured a major courtroom victory as a federal jury in Delaware awarded the company $271.2 million in punitive damages against Amgen Inc., according to Reuters.

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    The jury determined that Amgen violated both federal and state antitrust laws by engaging in exclusionary business practices aimed at sidelining Regeneron’s cholesterol drug, Praluent. Specifically, the panel found that Amgen improperly bundled its cholesterol treatment Repatha with substantial rebate deals on two of its other blockbuster drugs, Enbrel and Otezla. These bundled rebates, tied to exclusive contracts with pharmacy benefit managers (PBMs), effectively pushed PBMs to favor Repatha and restrict access to competing products, per Reuters.

    Following a seven-day trial presided over by U.S. District Judge Jennifer L. Hall, jurors found Amgen liable on 10 out of 11 claims, including violations of the Sherman Act and Clayton Act, as well as state-level competition statutes. The court also held Amgen accountable for tortious interference with Regeneron’s prospective business relationships—another blow to the biotech giant.

    Read more: “Product Hopping” and Pharmaceutical Life-Cycle Strategies: An Evolving Antitrust Frontier

    The damages awarded were based on an initial figure of $135.6 million, which was then doubled by the jury due to the particularly egregious nature of Amgen’s conduct. According to Reuters, the decision underscores the jury’s belief that Amgen’s rebate strategy was not just competitive but coercive, constituting an unlawful monopoly in the cholesterol-lowering drug market.

    The lawsuit, filed in 2022, is the latest chapter in a protracted rivalry between the two pharmaceutical firms, which have previously clashed over patent rights and drug market access. This most recent case focused on allegations that Amgen’s rebate schemes made it financially impossible for PBMs to include Praluent in their formularies, even when it was a more affordable alternative for patients.

    Amgen, which holds a market value of approximately $142 billion, has maintained that its business tactics reflect robust market competition rather than unlawful conduct. Regeneron, however, argued that Amgen’s bundling strategy distorted fair competition and pushed its product out of the market through financial pressure rather than merit.

    Legal representation for Regeneron was led by Jonathan D. Polkes of White & Case LLP. A decision is still pending on whether Regeneron will seek treble damages for the violations, a move that could push the total monetary award even higher.

    Source: Reuters