Published
April 29, 2026
Updated
July 16, 2026
This $65 million settlement resolves antitrust claims that Actelion delayed generic competition to the pulmonary-hypertension drug Tracleer. Only third-party payors — health plans, insurers, and union funds — can file; individual patients are not part of this class. Payors have until August 3, 2026 to claim.
What Is the Tracleer / Bosentan Settlement?
The Tracleer / bosentan settlement resolves a federal antitrust class action captioned Government Employees Health Association v. Actelion Pharmaceuticals Ltd., No. GLR-18-3560, in the U.S. District Court for the District of Maryland before Chief Judge George L. Russell III. The lawsuit alleged that Actelion Pharmaceuticals Ltd., Actelion Pharmaceuticals US, Inc., and Janssen Research & Development, LLC (now part of Johnson & Johnson) unlawfully delayed generic bosentan from entering the U.S. market, causing third-party payors to overpay for brand-name Tracleer and generic bosentan.The case theory is sometimes called "sample-blocking" or "pay-for-delay." The complaint alleged that Actelion refused to sell samples of Tracleer to generic manufacturers that needed them to conduct the bioequivalence testing required for FDA approval — allegedly extending Actelion's monopoly on bosentan. Generic bosentan ultimately launched in June 2019; the complaint alleged it would have launched several years earlier absent the challenged conduct. The defendants deny any wrongdoing, and the court did not decide the merits. The parties settled about two weeks before a scheduled trial, and the court granted final approval at the July 1, 2026 fairness hearing.
Status
Claims Open
Final approval granted at the July 1, 2026 fairness hearing.
Settlement Amount
$65,000,000
Non-reversionary; paid pro rata to third-party payors.
Who Qualifies
Third-party payors only
Health plans, HMOs, insurers, self-insured employer plans, union funds — NOT individual patients.
Class Period
Dec. 29, 2015 – Sept. 6, 2024
Tracleer/bosentan purchases in 29 states plus D.C. and Puerto Rico.
Claim Deadline
August 3, 2026
Submitted online or postmarked by that date.
Why Are Only Third-Party Payors Eligible?
In pharmaceutical antitrust cases, "end-payors" (the entities that ultimately bear the cost of drugs purchased indirectly) bring state-law antitrust and consumer-protection claims. The certified class here is an end-payor class, but specifically a Third-Party Payor (TPP) class, not a consumer class. Class counsel often certify TPPs separately because TPP damages can be calculated from clean transaction data (drug code, fill date, amount paid), while consumer damages would require reconstructing individual copay, deductible, and coinsurance structures for millions of patients. As a result, an individual patient's higher copays are not directly compensable through this particular settlement — though whatever a health plan recovers can indirectly benefit its insured population.Who Qualifies as a Third-Party Payor?
The class includes all entities that, for consumption by their members, employees, insureds, participants, or beneficiaries, purchased, paid, or reimbursed for some or all of the price of Tracleer or bosentan (other than for resale) in the covered jurisdictions between December 29, 2015 and September 6, 2024. That includes:• Health insurance companies (national, regional, and Blues plans)
• Health maintenance organizations (HMOs)
• Self-insured employer health plans
• Taft-Hartley union health-and-welfare funds and multi-employer welfare arrangements (MEWAs)
• Third-party administrators (TPAs), administrative-services-only (ASO) providers, and pharmacy benefit managers (PBMs) acting as authorized agents on behalf of the above
The class does not include the defendants or their affiliates, or federal and state governmental entities. Government plans (Medicare, Medicaid, VA, TRICARE, state employee plans) are excluded.
What States Are Covered?
The settlement covers TPP purchases in 29 states plus the District of Columbia and Puerto Rico (31 jurisdictions total): 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, and Wisconsin, plus the District of Columbia and Puerto Rico. States not on this list are excluded because their state-law antitrust or consumer-protection statutes do not provide indirect-purchaser standing for the claims alleged. Place of purchase is where the pharmacy is located (in-person) or where the prescription was sent (mail order).How to File a Claim (Official Filing Tools)
Class Counsel and Settlement Administrator A.B. Data, Ltd. provide four filing tools for TPPs and authorized agents. The fastest path for most claimants is the online portal, but mail submission is also available. All claims must be submitted online or postmarked by August 3, 2026.Official Filing Tools
- Step 1: Online Claim Form File a Claim Online Recommended for most TPPs and authorized agents
- Step 1 (Alt): Blank Claim Form PDF Download Blank Claim Form (PDF) For mail submission; print, complete, and mail
- Step 2: Transaction Data Download Filing Template (XLSX) Required Excel format for purchase-data submission
- Step 3: NDC Reference Download Applicable NDC List (XLSX) Cross-reference your transaction data against accepted NDCs
How Much Will My Health Plan Get?
The exact per-claimant amount cannot be calculated until the claim window closes on August 3, 2026 and the administrator reviews the submitted data. The $65 million fund is reduced by court-approved attorneys' fees (Class Counsel intends to seek up to one-third, roughly $21.7 million), up to $4.5 million in expenses, a service award of up to $40,000 for the class representative, and notice and administration costs. What remains — very roughly $38 to $39 million — is divided pro rata across eligible TPP claimants based on the amount each paid for Tracleer and bosentan during the class period. A plan that paid $5 million in claims receives proportionally more than one that paid $50,000. Any remaining funds are redistributed to class members or paid to a court-approved non-profit; none reverts to the defendants.Case Timeline
Case Timeline
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November 19, 2018Class action complaint filedGovernment Employees Health Association v. Actelion Pharmaceuticals Ltd., No. GLR-18-3560, D. Md.
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June 2019First generic bosentan launchesComplaint alleges this would have occurred years earlier absent the alleged conduct
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September 6, 2024TPP litigation class certifiedCourt certifies the third-party-payor end-payor class
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April 3, 2026Preliminary approval granted; class notice issuedA.B. Data begins direct-mail and publication notice to TPPs
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July 1, 2026Fairness hearing — final approval granted ApprovedChief Judge George L. Russell III, U.S. District Court for the District of Maryland, Baltimore
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August 3, 2026Claim filing deadline Current PhaseLast day for TPPs to submit claims online or by mail (postmarked)
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Late 2026 or 2027 (expected)Pro rata distributions to eligible TPPsAfter any appeals are resolved; A.B. Data calculates allocations and issues payments
Watch for Fake TPP Settlement Outreach
When a major drug antitrust settlement is announced, third parties send unsolicited outreach to plan administrators and benefits managers offering to file claims for a percentage of any recovery. Some are legitimate; others are scams. A few signals: the only authoritative source for filing is the official case website (tracleerlitigation.com) and Settlement Administrator A.B. Data — type that URL directly rather than clicking links in unsolicited emails. A real administrator never asks for plan banking credentials, advance ACH authorization, or up-front fees. Legitimate third-party filers work on contingency (a percentage of recovery) with a written engagement letter, and authorized agents must hold prior written authorization from each TPP they file for.Sources
- Official Settlement Website — Tracleer Litigation
- Official Notice of Class Action Settlement (PDF) — Class Notice
- U.S. District Court, District of Maryland — Government Employees Health Association v. Actelion Pharmaceuticals Ltd., No. GLR-18-3560
For more class actions keep scrolling below.
Settlement Amount
$65,000,000 (non-reversionary)
Case Title
Government Employees Health Association v. Actelion Pharmaceuticals Ltd.
Case Number
GLR-18-3560
Court
U.S. District Court, District of Maryland
Final Approval
Granted at the July 1, 2026 fairness hearing
Claim Deadline
August 3, 2026
Administrator
A.B. Data, Ltd.
Official Website
Tracleer Litigation.com
