April 29 (Reuters) - Pfizer (PFE.N) has agreed to pay $25.5 million to resolve claims that its predecessor Wyeth conspired with rival Teva (TEVA.TA) to delay launching a less expensive generic version of antidepressant Effexor XR, in addition to a $39 million settlement disclosed earlier this month.
Lawyers for plaintiffs asked a New Jersey federal judge to approve the deal in a motion filed Friday. The money would go to a proposed class of so-called indirect purchasers that bought Effexor XR from intermediaries rather than from Wyeth itself.
The proposed deal allocates 78% of the funds to third-party payors, like insurance companies and employee health plans, and 22% to individual consumers, according to the motion. Plaintiffs' attorneys would take 34%, or about $8.7 million, in fees.
Pfizer, which did not admit wrongdoing, said in a statement that the claims were without merit but that the settlement was "fair, reasonable and the best way to resolve this litigation."
James Cecchi, lead attorney for the plaintiffs, declined to comment.
The previous $39 million settlement, for which lawyers sought approval earlier this month, covered a proposed class of purchasers that bought Effexor XR directly from Wyeth, such as drug wholesalers.
If approved by a judge, the settlements would end more than 12 years of litigation claiming that Wyeth's dealings with Teva violated U.S. antitrust law. The lawsuits would continue against Teva, which is not part of the deals.
Wyeth generated annual sales of $4 billion from Effexor XR, its biggest product, before Teva launched a generic alternative in 2010. Pfizer acquired Wyeth in 2009 for $67 billion.
In their lawsuit, the plaintiffs alleged they paid artificially higher prices for Effexor XR because Wyeth and Teva agreed to suppress generic competition for the drug. Wyeth was accused of making a so-called "reverse payment" to Teva to delay its less expensive version.
Some retailer plaintiffs such as Kroger, Walgreens, CVS, Meijer and Rite Aid previously settled individual actions against Wyeth.
The case is In re: Effexor XR Antitrust Litigation, U.S. District Court for the District of New Jersey, No. 3:11-cv-05479.
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