Actelion / Janssen Tracleer & Bosentan Antitrust Class Action Settlement — Third-Party Payors Can Claim a Share of $65M
Actelion Tracleer / Bosentan Antitrust Class Action Settlement
Actelion Pharmaceuticals and Janssen Research & Development agreed to a $65 million settlement over allegations that they unlawfully delayed generic versions of the pulmonary arterial hypertension drug Tracleer (bosentan) from reaching the market. Important: this class is limited to third-party payors, meaning insurers, health plans, union benefit funds, and other entities that paid for Tracleer or bosentan on behalf of their members, employees, insureds, participants, or beneficiaries between December 29, 2015 and September 6, 2024. Individual consumers are not part of this lawsuit and cannot file a claim.
Settlement fund
$65M
Common fund
Top payout
Pro rata
Share of net fund based on Tracleer / bosentan purchases
Claim deadline
Aug 3, 2026
74 days remaining
You may be owed money
Filing is free and takes a few minutes. Deadline: Aug 3, 2026.
Do you qualify?
You are a Class Member if ALL of the following apply:
- You are a third-party payor (TPP), such as a health insurer, health plan, union benefit fund, ERISA plan, self-funded employee benefit plan, or other entity that purchased, paid for, or provided reimbursement for some or all of the price of Tracleer or bosentan for consumption by your members, employees, insureds, participants, or beneficiaries (other than for resale).
- Your covered Tracleer or bosentan purchases or reimbursements occurred in Arizona, California, Florida, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, West Virginia, Wisconsin, the District of Columbia, or Puerto Rico, at any time from December 29, 2015 through September 6, 2024.
- Excluded: Individual consumers (patients who paid for their own prescriptions) are not part of this class and cannot file a claim.
- Excluded: Defendants and their subsidiaries and affiliates, and federal and state governmental entities, are excluded from the class.
Not sure if your organization qualifies? Call the Settlement Administrator (A.B. Data) at 1-877-354-3839, email info@TracleerLitigation.com, or visit TracleerLitigation.com.
What happened
The lawsuit, filed by Government Employees Health Association on behalf of a class of third-party payors, alleges that beginning around 2009 Defendants refused to sell samples of Tracleer to generic manufacturers seeking to conduct the bioequivalence testing required for FDA approval of a generic version. Plaintiffs claim that without those samples, generic manufacturers could not file applications to market generic bosentan, and that one or more generic competitors would have launched before June 2019, the date the first generic version actually became available. Plaintiffs allege that the resulting delay caused third-party payors to overpay for brand Tracleer and bosentan in violation of federal and state antitrust and consumer-protection laws.
Defendants deny the allegations and deny any wrongdoing or liability. The Court has not decided in favor of either side. The parties agreed to settle to avoid the cost, risk, and time of continued litigation. The case is not about the safety or efficacy of Tracleer or bosentan.
How to file a claim
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1
Confirm your organization is eligible
Only third-party payors qualify. You must be an entity (not an individual consumer) that paid for or reimbursed Tracleer or bosentan for your members, employees, insureds, participants, or beneficiaries in one of the listed states or territories between December 29, 2015 and September 6, 2024.
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2
Gather your claims data
Payments will be calculated pro rata based on the amount of Tracleer and bosentan your organization purchased or reimbursed and how much it paid. The administrator has published a Filing Template and an Applicable NDC List on the settlement website to standardize the claims data TPPs need to submit. The exact per-claimant amount is not yet known and will depend on total valid claims and a Court-approved Plan of Allocation.
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3
File online or by mail
Submit the Claim Form online at claimform.tracleerlitigation.com by August 3, 2026, or mail a paper Claim Form (postmarked by August 3, 2026) to: Tracleer Litigation, c/o A.B. Data, Ltd., P.O. Box 173072, Milwaukee, WI 53217. A Third-Party Payor or its authorized agent may complete the form.
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4
Receive your payment
Payments will be issued after the Court grants final approval at the July 1, 2026 Fairness Hearing and any appeals are resolved. The appeal process can take a year or more. No follow-up is required once your claim is submitted.
Key dates
- Dec 23, 2024 Opt-out & objection deadline Upcoming
- Aug 3, 2026 Claim filing deadline Upcoming
- Jul 1, 2026 Final Fairness Hearing (9:30 a.m. ET, in person (Courtroom 7A, Baltimore, MD)) Upcoming
- TBD after final approval Payments issued to claimants Pending
The Fairness Hearing is scheduled for July 1, 2026 at 9:30 a.m. before Chief Judge George L. Russell, III in Courtroom 7A of the United States District Court for the District of Maryland, 101 West Lombard Street, Baltimore, MD 21201. The Court may move the hearing without additional notice, so check TracleerLitigation.com for updates before traveling.
Where the money is going
This is a non-reversionary common fund. Attorneys' fees, expenses, a service award, and notice and administration costs come out of the $65 million before payments are calculated for class members. Any residual after distribution will be redistributed to eligible class members or paid to a Court-approved non-profit; nothing returns to Defendants.
All amounts above are pending and subject to final court approval at the Fairness Hearing. The Court may award less than the amounts requested. Per-claimant payments will be made pro rata based on each claimant's allowed Tracleer / bosentan purchases under the Court-approved Plan of Allocation.
Common questions
How much money will I receive?
The per-claimant amount is not yet known. After fees, expenses, the service award, and notice and administration costs are paid, the remaining net fund will be distributed pro rata among eligible third-party payors based on each claimant's qualifying Tracleer or bosentan purchases, in accordance with a Court-approved Plan of Allocation.
Do I need to submit proof of purchase?
Yes. Third-party payors must submit claims data showing their qualifying Tracleer and bosentan purchases or reimbursements. The administrator has published a Filing Template and an Applicable NDC List on the settlement website to standardize the data required. A TPP's authorized agent (such as a pharmacy benefit manager or recovery vendor) may complete the form on the TPP's behalf.
What if I didn’t receive a notice?
Yes. You can still file a claim even if you did not receive an individual notice, as long as your organization meets the class definition. The administrator distributed notice to known third-party payors and published a long-form notice and FAQ at TracleerLitigation.com.
Does staying in the class affect my right to sue later?
By staying in the class, your organization gives up the right to sue Defendants for the claims released by the Settlement Agreement. The deadline to opt out passed on December 23, 2024, so exclusion is no longer available. You may still object to the Settlement by June 2, 2026; the procedure is described in the long-form notice.
When will payments be sent out?
Payments will go out after the Court grants final approval at the July 1, 2026 Fairness Hearing and any appeals are resolved. Appeals can extend the timeline by a year or more. The Plan of Allocation, when approved, will spell out the distribution mechanics.
Dapeer Law, P.A.
Consumer class action attorneys based in South Florida. We track settlements so you don’t have to.
Similar open settlements
This page is for informational purposes only and does not constitute legal advice. Dapeer Law, P.A. is not the administrator of this settlement and is not affiliated with Actelion Pharmaceuticals Ltd., Actelion Pharmaceuticals US, Inc., and Janssen Research & Development, LLC, A.B. Data, Ltd. (the Settlement Administrator), or Class Counsel Sharon K. Robertson of Cohen Milstein Sellers & Toll PLLC and Thomas M. Sobol of Hagens Berman Sobol Shapiro LLP. The case is Government Employees Health Association v. Actelion Pharmaceuticals Ltd., et al., Case No. 1:18-cv-03560-GLR, pending in the U.S. District Court for the District of Maryland before Chief Judge George L. Russell, III. Class representatives are Government Employees Health Association. Actelion / Janssen denies wrongdoing. This website is attorney advertising. Past results do not guarantee future outcomes.
