schemes similar to the one effected with Omnicare. The specific circumstances alleged herein
evidence a pattern of conduct by Janssen designed to maximize profits through this scheme at
every opportunity, through various other drugs and other providers.
DEFENDANT MANUFACTURER ORTHO McNEIL AND OMNICARE ENTER INTO A MARKET SHARE AGREEMENT WITH RESPECT TO ULTRAMiULTRACET
Defendant Manufacturer Ortho McNeil
entered into a Market Share Agreement
with Omnicare with respect to its pain medication Ultram/Ultracet (tramadol). Competing drugs
include Tylenol #3, Tylenol #4, Darvocet, and vicodin. Ortho McNeil and Omnicare conspired
to switch many pain medication prescriptions for Omnicare-serviced patients to Ultram/Ultracet.
implementation of the Ultram/Ultracet scheme included but were not limited to, John H.
Johnson, Bob Spurr, Nawaz Merchant, Eneetra P. Livings, Paul Kim, Tom Petro, and Marty
alleged with respect to Ortho McNeil are also alleged with respect to J&J.
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 Tylenol #3, Tylenol
#4, Darvocet, and vicodin to UltramlUltracet.
commencement of mass switching to Ultram/Ultracet to educate pharmacists on how to make the
informed Omnicare's front line pharmacists and pharmacy supervisors that the switches were not