months following the Bristol Myers/Monopril rollout. The preparation for each new rollout was
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
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.
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
Omnicare-serviced patients to Lipitor.