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Ortho McNeil entered into a Market Share Agreement with Omnicare with respect to its

antibiotic Levaquin (Ievofloxacin), which is prescribed for serious infections common to long

term

care

facilities.

Competing

drugs

include

Cipro

(ciprofloxacin)

and

Floxin

(ofloxacin).

Ortho McNeil and Omnicare conspired to switch many antibiotic prescriptions for Omnicare

serviced patients to Levaquin.

132.

Ortho

McNeil

executives

at

the

time

period

of

the

development

and

implementation of the Lipitor scheme included but were not limited to, John H. Johnson, Bob

SpUTI', Nawaz Merchant, Eneetra P. Livings, Paul Kim, Tom Petro, and Matiy Murray.

133.

Because Ortho McNeil is a wholly-owned subsidiary of J&J, all activities alleged

with respect to Ortho McNeil are also alleged with respect to J&J. See Johnson & Johnson 10-

Q, filed May 5, 2004, with the Securities and Exchange Commission at page 24,

http://www.sec.gov1Archivesledgarldatal200406/000020040604000081/firstguartertenq.txt.

134.

Ortho McNeil representatives often visited Omnicare locations for the purpose of

promoting the switches. Ortho McNeil developed special materials targeted solely to Omnicare

pharmacists and physicians in Omnicare-serviced nursing homes to "educate" these audiences on

the importance of the switching program and on how to switch patients from other atltibiotics to

Levaquin.

135.

Oliho McNeil marketing personnel met with Omnicare pharmacists before the

commencement of mass switching to Levaquin to educate pharmacists on how to make the

switches. Meetings were held with Omnicare staff where Oliho McNeil's marketing staff and

Omnicare senior management together informed Omnicare's front line pharmacists and

pharmacy supervisors that the switches were not only going to be beneficial to patients 111

Omnicare-serviced long-term care facilities, but would save payors money.

36

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