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Takeda Faces $885 Million Jury Verdict in Landmark Amitiza Antitrust Trial

By  |  May 19, 2026

Takeda said it plans to appeal after a federal jury in Boston found the Japanese drugmaker liable in a closely watched antitrust lawsuit tied to delays in the release of a generic version of its constipation drug Amitiza.

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    The verdict, delivered Monday in U.S. District Court in Boston following a month-long trial, ordered Takeda to pay $885 million in damages. According to a statement from the company, the damages could ultimately rise to about $2.5 billion because antitrust law allows awards to be automatically tripled once judgment is formally entered by the court.

    The case marks the first time a federal jury has found a pharmaceutical company liable in a so-called “pay-for-delay” antitrust lawsuit involving generic competition.

    The class-action lawsuit was filed in 2021 by pharmacies, insurers, health funds and retailers, including major chains such as CVS and Walgreens. Plaintiffs alleged that Takeda and its former partner, Sucampo Pharmaceuticals, entered into an agreement with Par Pharmaceutical that delayed a lower-cost generic version of Amitiza from reaching the market, forcing buyers to pay inflated prices for years.

    Per a statement issued shortly after the verdict, Takeda said it would “vigorously pursue post-trial motions and an appeal.”

    “We remain firm in our conviction that the plaintiffs’ case lacks merit,” the company said. “We also believe that there were both evidentiary and legal errors made during the trial.”

    Related: Jury in Boston Set to Decide Takeda’s Fate in Amitiza Antitrust Trial

    According to a statement from Takeda, direct purchasers of Amitiza were awarded $475 million, while individual retailers collectively received $347 million. The company noted that those figures would be trebled automatically under federal antitrust law after the court enters final judgment.

    Takeda also said the verdict is not yet enforceable because the court has not formally finalized the liability amount.

    At the center of the lawsuit was a 2014 agreement between Takeda, Sucampo and Par Pharmaceutical that resolved patent litigation involving Amitiza. Plaintiffs argued that the $210 million settlement improperly delayed the launch of a cheaper generic alternative until 2021.

    Takeda, however, maintained that the agreement actually allowed Par to introduce its generic product more than six years before Takeda’s patents on Amitiza were set to expire.

    Amitiza was originally approved in 2006, and additional generic versions have since entered the market.

    Attorneys representing direct purchasers said the delay in generic competition resulted in substantial overpayments across the healthcare system. According to a statement from Seattle-based law firm Hagens Berman, the arrangement caused “hundreds of millions of dollars in overcharges” for its clients.

    “The jury spent five weeks listening to incredibly detailed testimony about patent litigation, FDA regulation and pharmacoeconomics, and they fundamentally understood that paying a competitor to stay out the market harms competition and harms the American healthcare system,” Kristen Johnson of Hagens Berman said following the verdict.

    Source: Fierce Pharma