Evanston Police Pension Fund v. McKesson Corporation

1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 EVANSTON POLICE PENSION Case No. 18-cv-06525-CRB

FUND,

9 Plaintiff,

ORDER DENYING MOTION TO

10 DISMISS v. 11 MCKESSON CORPORATION, et al., 12 Defendants. 13 This case arises out of government investigations of anticompetitive agreements in the 14 generic pharmaceutical industry. The resulting complaint, brought by forty-nine states’ Attorneys 15 General (the “AG complaint”), alleges that the generic drug industry is rife with price-fixing and 16 market-allocation agreements. The scandal has already resulted in congressional attention, 17 multiple guilty pleas, and a plethora of antitrust and Securities Act lawsuits against generic drug 18 manufacturers. 19 McKesson Corporation (“McKesson”) is (mostly) not a generic drug manufacturer, but a 20 generic drug wholesaler. Nonetheless, the plaintiffs in this putative class action (collectively, 21 “Evanston”) allege that McKesson must have participated in illegal anticompetitive conduct. At 22 the very least, Evanston alleges, McKesson was aware of and…