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effected with Omnicare. The specific circwnstances alleged herein evidence a pattern of conduct

by Pfizer designed to maximize profits through this scheme at every opportunity, through various

other drugs and other providers.

G.

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

116.

As the market for illegal switching schemes began to mature, Omnicare realized it

had the opportunity to force Defendant Manufacturers to bid against one another to become the

preferred drug within a particular therapeutic class. Hardball tactics in these negotiations were

disguised as ongoing clinical research. While Omnicare might have a kickbacks-for-switches

scheme with one Defendant Manufacturer, it would institute a research study with a drug in the

same therapeutic class made by a second Defendant Manufacturer. These research studies were

designed to force the first Defendant Manufacturer to provide greater rebates when it came time

to renegotiate the Market Share Agreements.

117.

Despite

all

the

effort

Omnicare

had

done

at

the

behest

of

Bristol

Myers

to

convince its front line staff, its consultant pharmacists, and physicians that Monopril was truly

the best ACE inhibitor, it turned out upon the expiration of the Bristol Myers/Monopril Market

Share Agreement that Pfizer had a better financial offer. Therefore, Pfizer bought its way onto

the list as Omnicare's preferred ACE inhibitor, and the Omnicare-serviced patients who had all

been switched from other ACE inhibitors to Monopril were now switched to Accupril, ptizer's

ACE inhibitor.

118.

Pfizer executives at the time period of the development and implementation of the

Accupril scheme included but were not limited to J. Patrick Kelly, Pfizer's then-current Vice

President for Worldwide Marketing, Ken Solomon, and Chris Chapman.

32

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