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100.

"Rollouts"

of

new

"preferred"

medications

came

approximately

every

three

months following the Bristol Myers/Monopril rollout. The preparation for each new rollout was

similar.

The

Defendant

Manufacturer,

four

to

six

weeks

before

the

rollout,

would

prepare

special materials for Omnicare pharmacist staff articulating the mechanics of switching

medications to the new "preferred" medication. A lavish kickoff meeting would be held, either

in the Omnicare facility or in a local posh hotel, where Omnicare pharmacist staff would be

treated to a meal while the Defendant Manufacturer marketing staff and Omnicare senior

management would begin the drumbeat about how this latest "therapeutic interchange" would

benefit

patients

and

save

the

government

and

private

payors

money.

The

Defendant

Manufacturer and Omnicare would join forces to strong-arm as many physicians as possible into

signing PALs to effect the switch, which was often to a drug that was more expensive for payors.

Patients who had been stable on a particular medication for years would be switched to a new

one, with little follow-up as to potential health risks or impacts. Wayward physicians who did

not enter PALs received further pressure from the Defendant Manufacturer and Omnicare, and

sometimes switches were made even if the physician had not given permission.

F.

DEFENDANT MANUFACTURER PFIZER AND OMNICARE ENTER INTO A MARKET SHARE AGREEMENT WITH RESPECT TO LIPITOR

10 I .

After the Bristol Myers/Monopril switch, Defendant Manufacturer Pfizer entered

into a Market Share Agreement with Omnicare with respect to its drug Lipitor (atorvastatin

calcium), one of a class of medications known as "statins" (a therapeutic class of medications

prescribed for people with high cholesterol - they assist the prevention of heart disease and heart

attack). Competing drugs include MevacorlAltocor (lovastatin), Pravachol (pravastatin), and

Zocor

(simvastatin).

Pfizer

and

Omnicare

conspired

to

switch

all

statin

prescriptions

for

Omnicare-serviced patients to Lipitor.

28

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