BASIC INFORMATION

1. What Is Fenofibrate?

Fenofibrate is the active ingredient in certain medications that are used to treat high cholesterol and high triglyceride levels. Prescription drugs that contain fenofibrate include TriCor®, Lofibra, Antara, Triglide and any generic version of these products.

2. What Is The Notice About?

You received the Notice because you requested it or records indicate that you bought or paid for a prescription drug containing fenofibrate on or after April 9, 2002. You may be entitled to money as part of the settlement proposed to resolve this Class Action. You are not being sued.

The Notice explains:

• What the Class Action and the settlement are about.
• Who is affected by the settlement.
• Who represents you and the Class in the Class Action.
• What your legal rights and choices are.
• How and by when you need to act.

3. Who Are The Defendants?

Defendants are Abbott Laboratories, Fournier Industrie et Sante, and Laboratoires Fournier, S.A.

4. What Is The Class Action About?

The Class Action alleges that Defendants violated federal and state antitrust and consumer protection laws regarding the sale of TriCor® and generic fenofibrates. The Class Action alleges that this resulted in consumers and TPPs paying too much for prescription fenofibrate drug products.

No question is raised about the safety or effectiveness of TriCor® or other prescription fenofibrate drug products.

Defendants deny any wrongdoing and liability. They agreed to the settlement to resolve the controversy and to avoid the burden and expense of further litigation.

5. Who Is A Member Of The Class?

You are a member of the Class if you fit the definition below:

• All persons or entities in the United States and its territories who purchased, paid and/or reimbursed for fenofibrate products, including TriCor® tablets and TriCor® capsules, intended for consumption by themselves, their families, or their members, employees, plan participants and beneficiaries or insureds between April 9, 2002 and May 8, 2009.
  
  
• Excluded from the Class are: (a) Defendants and their respective subsidiaries and affiliates and (b) all government entities (except for government-funded employee benefit funds), and (c) all persons or entities that purchased fenofibrate products for purposes of resale or directly from any of the Defendants to the extent and solely to the extent of such purchases for purposes of resale or such direct purchases. Also excluded are certain health plans that separately settled with Defendants.

BENEFITS YOU GET FROM THE SETTLEMENT

6. What Does The Proposed Settlement Provide?

The settlement provides that Defendants will pay $65,700,000.00 into a Settlement Fund. The fund will be divided into two parts: $33,333,334.00 for consumers and $32,366,666.00 for TPPs. The Settlement provides a release of all claims by members of the Class. The full release language is found in the Claim Form at the end of this Notice package. Attorneys’ fees, litigation costs and expenses, any incentive award to class representatives, and cost of notice and administration will be paid from the Settlement Fund.

Class Counsel conducted a thorough investigation of the law and facts in the Class Action. The Settlement is a result of arms-length negotiations among the parties. Class Counsel compared the benefits of settlement to the risks of going to trial and concluded that the settlement is fair, reasonable, adequate, and in the best interests of the Class.

Complete details are found in the Settlement Agreement, available on this website; it is also on file with the Clerk, United States District Court for the District of Delaware, 844 North King Street, Wilmington, DE 19801.

7. How Do I Know If I Am Included In The Settlement Being Proposed?

Consumers: You are automatically included in the settlement if you paid some or all of the purchase price for a prescription fenofibrate drug product between April 9, 2002 and May 8, 2009.

Third-Party Payors: You are automatically included in the settlement if you paid some or all of the purchase price, or reimbursed an insured or health plan participant or beneficiary for some or all of the purchase price, for a prescription fenofibrate drug product between April 9, 2002 and May 8, 2009.

If you do not want to be included, you must exclude yourself. Details on how to exclude yourself are found in Question 12.

8. What Do I Need To Do To Get A Payment?

To receive payment, you must submit a valid claim form postmarked by September 15, 2009 to the claims administrator at the following address:

TriCor Indirect Purchasers Antitrust Litigation
c/o Rust Consulting, Inc.
P.O. Box 24797
West Palm Beach, FL 33416

A claim form is included with the Notice, or you can obtain one from this website by clicking here.

9. How Are Payments Determined?

Consumers
The Settlement Fund amount available for Consumers is $33,333,334.00 and is called the Consumer Settlement Pool. A portion of the Court-approved awards for attorneys’ fees, litigation costs and expenses, and the cost of notice and administration will be deducted from this amount. The remaining amount will be paid to consumers. Consumers who submit a valid claim form (or who are identified by the Claims Administrator based on available purchase data) will receive payment based on the amount they paid for prescription fenofibrate drug products in proportion to what was paid by all consumers who submit claims.

Third-Party Payors
The Settlement Fund amount available for TPPs is $32,366,666.00 and is called the TPP Settlement Pool. A portion of the Court-approved deductions for attorneys’ fees, litigation costs and expenses, and the cost of notice and administration will be deducted from this amount. The remaining amount will be paid to TPPs based on the amount they paid for prescription fenofibrate drug products in proportion to what was paid by all TPPs who submit claims.

Defendants have also settled with and paid a group of Settling Health Plans (“SHPs”) under a separate agreement. Class Counsel negotiated a reconciliation procedure with those SHPs to try to ensure that payments to them are approximately proportionate to the amounts paid to the class member TPPs net of attorney fees. Once claims from TPP class members are submitted, the SHPs’ claims will be reconciled with the claims of TPP class members. As a result, the SHPs may receive payments from the TPP Settlement Pool or they may contribute a portion of the amounts paid to them by Defendants to the TPP Settlement Pool.

REMAINING IN THE CLASS

10. What Happens If I Do Nothing?

If you do nothing, you will automatically be considered part of the Class. For details on how to opt out, see Question 12. However, you must submit a valid claim form postmarked by September 15, 2009 to the claims administrator to receive any money from the Settlement.

11. If I Remain In The Class, What Claims Am I Settling?

The Court approved the settlement, the Class Action has been dismissed and the Class may not sue the Defendants for the same claims. You and all members of the Class will release all claims concerning the conduct challenged in this lawsuit in exchange for participating in the settlement fund. The full text of the release is included in the Claim Form.

EXCLUDING YOURSELF FROM THE CLASS (“OPTING OUT” OF THE SETTLEMENT)

12. What If I Don’t Want To Be In The Class?

If you decide to exclude yourself from the settlement, you will be free to sue Defendants on your own for their conduct related to the marketing of TriCor®. However, you will not receive any money from the settlement, and you will no longer be represented by the Class Counsel. If you want to receive money from the settlement, do not exclude yourself.

13. How Do I Exclude Myself From The Class?

The deadline to exclude yourself from the settlement has passed. Exclusion requests had to be postmarked by September 15, 2009 to be considered timely.

OBJECTING TO THE SETTLEMENT

14. May I Object To The Settlement?

Yes. If you are a member of the Class, and you have not requested to opt out of the settlement, you may object to any aspect of the settlement, the fairness or adequacy of Class Counsel’s representation, or the requests for attorneys’ fees and expenses.

15. How Do I Object To The Settlement?

The deadline to object to the settlement has passed. Objection requests had to be postmarked by September 15, 2009 to be considered timely.

16. What Is The Difference Between Objecting To The Settlement And Excluding Myself From The Class?

To object to the settlement, you must remain a member of the Class. An objection allows your views on the settlement to be heard in Court. You will be bound by the terms and conditions of the settlement if the settlement is approved, even if the Court rules against your objection.

When you exclude yourself, or opt out, you are no longer a member of the Class. You will not be subject to the terms and conditions of the settlement. You lose the right to object to the settlement and you will not receive any payment from the settlement. However, you keep your right to sue the Defendants for the same claims in another lawsuit.

THE LAWYERS REPRESENTING YOU

17. Do I Have A Lawyer Representing My Interests In This Class Action?

Yes. The Court has appointed lawyers to represent you and other Class members. These lawyers are called Class Counsel. You will not be charged for these lawyers. They will ask the Court to approve an award for fees and expenses. The following law firms represent the Class:

18. How Will The Lawyers Be Compensated?

Class Counsel will request an award from the Court for attorneys’ fees and expenses not to exceed one third of the Settlement Fund and reimbursement of costs and expenses not to exceed $2,000,000.00. Class Counsel can make a further request for additional attorneys’ fees and expenses incurred as a result of administration of the settlement. All awards for attorneys’ fees and expenses shall be paid from the Settlement Fund after the Court approves them.

19. Should I Get My Own Lawyer?

You do not need to hire your own lawyer, but if you hire a lawyer to speak for you or appear in Court, your lawyer must file a Notice of Appearance (see Question 15 above). If you hire your own lawyer, you will have to pay for that lawyer on your own.

THE FAIRNESS HEARING

20. When And Where Will The Court Decide Whether To Grant Final Approval Of The Settlement?

The Court held a Fairness Hearing on October 22, 2009, at 9:30 a.m., at the United States District Court for the District of Delaware, 844 North King Street, Wilmington, DE 19801.

The purpose of the Fairness Hearing was to:

• Decide if the settlement is fair, reasonable and adequate and in the best interests of the Class, if it should be approved, and if a judgment should be entered;
• Decide if the Class has been fairly and adequately represented by the plaintiffs who brought the Class Action and by Class Counsel, who have represented the plaintiffs in the Class Action;
• Approve the plan of allocation of the Settlement Fund;
• Consider Class Counsel’s requests for award of attorneys’ fees and reimbursement of expenses;
• Consider any requests for incentive awards for the Class Action plaintiffs who represented the Class, in a total amount not to exceed $175,000.00;
• Consider all comments or objections; and
• Consider any other issues the Court thinks are necessary.

21. Must I Attend The Fairness Hearing?

No. Attendance is not required, even if you mailed a written response. Class Counsel is prepared to answer questions on your behalf. Class members who filed and served a written objection may appear at the Fairness Hearing, in person or through an attorney hired at their own expense.

22. Can I Attend The Fairness Hearing?

The Fairness Hearing took place on October 22, 2009 at 9:30 a.m.

Getting More Information

23. Where Do I Get More Information?

More details are in the Settlement Agreement and Release, which sets forth in great detail the Proposed Settlement’s provisions. You can look at and copy these legal documents at any time during regular office hours at the United States District Court for the District of Delaware, 844 North King Street, Wilmington, DE 19801. Judge Sue L. Robinson for the United States District Court for the District of Delaware is overseeing the Class Action.

PLEASE DO NOT CONTACT THE COURT OR THE JUDGE.

For more information,

• Call the Claims Administrator, toll free: 1-877-567-3014
• Email: info@TriCorSettlement.com
• Write to:
  
  TriCor Indirect Purchaser Claims Administrator
  c/o Rust Consulting, Inc.
  P.O. Box 24797
  West Palm Beach, FL 33416

IMPORTANT: THIS SITE IS SUPERVISED BY THE COURT AND IS ADMINISTERED BY AN ADMINISTRATION FIRM THAT HANDLES ALL ASPECTS OF NOTICE AND CLAIM PROCESSING. THIS IS THE ONLY AUTHORIZED WEB SITE FOR THIS LITIGATION. PLEASE DO NOT RELY UPON OTHER SITES THAT SET OUT DIFFERENT AND UNAUTHORIZED INFORMATION.