KR KROGER CO
Price Chart
Executive Summary
In the Generic Pharmaceuticals MDL, Judge Rufe partially granted and partially denied Epic Pharma's motions to dismiss antitrust claims. The Kroger Co. is among the eight plaintiffs whose complaints against Epic were found to sufficiently allege a conspiracy to fix prices of Ursodiol — those claims survive. Three other complaints (CVS, HCSC, Molina) were dismissed against Epic for insufficient pleading. For Kroger, the ruling removes near-term dismissal risk and allows the case to proceed toward discovery, but no damages have been awarded and the litigation remains in early stages.
Court Ruling Details
Actionable Insight
The ruling is a procedural win for Kroger — its claims survive dismissal — but no damages have been quantified and the case is years from resolution. Monitor for summary judgment motions and any settlement discussions. The MDL's scope (scores of drugs, dozens of defendants) means Kroger's ultimate recovery, if any, is highly uncertain and likely years away.
Key Facts
- Kroger's complaint against Epic Pharma for Ursodiol price-fixing conspiracy survives Epic's motion to dismiss
- The court found Kroger's complaint sufficiently alleged parallel conduct, motive, action against self-interest, and traditional conspiracy (meetings/communications between Epic, Lannett, and Actavis)
- Epic raised Ursodiol price >1000% (from $0.45 to $5.10 per 300-mg unit) on May 6, 2014, days after Lannett entered at $5.11
- Three other complaints (CVS, HCSC, Molina) were dismissed against Epic for failing to allege specific Epic conduct
- No damages have been awarded — this is a motion-to-dismiss ruling, not a final judgment
- The ruling is interlocutory; Epic may seek summary judgment after discovery
Financial Impact
No damages awarded or pleaded amount stated in the opinion. The ruling allows Kroger's antitrust claims against Epic to proceed, preserving potential recovery but with no quantified exposure or award at this stage.
Risk Factors
- Epic may move for summary judgment after discovery, potentially narrowing or eliminating claims
- No damages have been awarded or quantified — ultimate recovery is uncertain
- Appeals of interlocutory rulings are not immediately available, but final judgment appeals could take 1-2 additional years
- The MDL has been ongoing since 2016; resolution timeline is extended
Market Snapshot
Documents Analyzed
This report is based on 1 court opinion from CourtListener.
| Document | Accession Number |
|---|---|
| COURT-RULING Data (Synthetic) | court-1as9hv5f-KR |
Track record builds as more directional reports settle.
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May 27, 2026
16d ago
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8-K
| $64.69 $61.22 | ▼ −5.37% | ▼ −5.84% | $64.71 (+0.03%) |
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May 19, 2026
25d ago
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Court Ruling
| $70.62 $64.85 | ▲ +8.17% | ▲ +10.41% | $64.71 (+8.36%) |
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Apr 29, 2026
6w ago
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Court Ruling
| $67.09 $66.92 | ▼ −0.25% | ▼ −3.36% | $64.71 (−3.54%) |
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Apr 21, 2026
7w ago
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S-3ASR
| $67.83 $67.13 | ▼ −1.03% | ▼ −1.08% | $64.71 (−4.59%) |
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Mar 5, 2026
14w ago
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8-K
| $71.52 $74.97 | ▲ +4.82% | ▲ +7.06% | $64.71 (−9.52%) |
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Mar 2, 2026
14w ago
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Court Ruling
| $69.04 $73.37 | ▲ +6.27% | ▲ +7.48% | $64.71 (−6.27%) |
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Mar 2, 2026
14w ago
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Court Ruling
| $69.04 $73.37 | ▲ +6.27% | ▲ +7.48% | $64.71 (−6.27%) |
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