thousands of prescriptions switched pursuant to the Levaquin Market Share Agreement.
including dispensing pharmacies, pharmacy benefit managers, and hospitals, to illegally gain
market share for Levaquin in the antibiotic market through illegal kickbacks-for-switches
schemes similar to the one effected with Omnicare. The specific circumstances alleged herein
evidence a pattern of conduct by Ortho McNeil designed to maximize profits through this
scheme at every opportunity, through various other drugs and other providers.
DEFENDANT MANUFACTURER JANSSEN AND OMNICARE MARKET SHARE AGREEMENT WITH RESPECT TO RISPERDAL
Manufacturer Janssen entered into a Market Share Agreement with Omnicare with respect to its
atypical antipsychotic Risperdal (risperidone), which is prescribed for serious mental health
issues including schizophrenia. Other competing drugs include Haldol (haloperidol decanoate),
Zyprexa (olanzapine), and Seroquel (quetiapine fmnarate). Jannsen and Omnicare conspired to
switch many atypical antipsychotic prescriptions for Omnicare-serviced patients to Risperdal.
Janssen executives at the time period of the development and implementation of
the Risperdal scheme included but were not limited to, Alex Gorsky, Bruce Given, and Norman
Because Janssen is a wholly-owned subsidiary of J&J, all activities alleged with
respect to Janssen 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 29,