Aventis announced that the U.S. District Court for the Eastern District of Michigan has granted preliminary approval to a settlement agreement in the Cardizem CD (diltiazem HCl) antitrust multi-district litigation.

The settlement pertains to claims brought by a certified class in 1998 on behalf of direct purchasers (primarily wholesalers) of Cardizem CD who purchased the product from July 9, 1998 through June 23, 1999.

The lawsuits allege that an agreement between a predecessor company to Aventis (Hoechst Marion Roussel) and Andrx Pharmaceuticals, a generic drug manufacturer, constituted an unlawful collaboration to prevent a lower-cost generic version of Cardizem CD from entering the market. Aventis maintains that the agreement was lawful and necessary to protect its formulation patent on Cardizem CD, which at the time had 15 years remaining before it expired.

According to the terms of the settlement, Aventis contributed to a settlement fund created for the benefit of the nationally certified class of its customers (that includes primarily direct purchasers of Cardizem CD). Andrx also has agreed to contribute separately into the settlement fund, which totals $110 million. Upon notice to class members, a final hearing to approve the settlement is expected in November, 2002.

In a separate settlement, Aventis announced today that it has resolved claims asserted by other customers who had opted out of the class of direct purchasers. Aventis'' settlement payments are within previously established litigation reserves.