FTC et al. v. Vyera Pharmaceuticals, No. 1:20-cv-00706 (S.D.N.Y. Apr. 19, 2020)

The FTC, New York and six other states filed suit against Vyera Pharmaceuticals, its parent company, Phoenixus and its former officers, Kevin Mulleady and Martin Shkreli, alleging anticompetivie conduct in connection with Daraprim, the only FDA approved drug for the treatment of the life-threatening parasitic disease toxoplasmosis.  The suit alleges that Vyera purchases the unpatented…

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In re: Mortenson Company Assurance of Discontinuance (Colo. Apr. 13, 2020)

Colorado attorney general entered into Assurance of Discontinuance with general contractor M. A. Mortenson Company to resolve claims resulting from the attorney general’s investigation into an alleged bid-rigging scheme related to the City and County of Denver’s plans to upgrade and expand the Colorado Convention Center. The office’s investigation centered on whether Mortenson violated the…

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In the Matter of Invesigation of Hornblower Group, Inc., AOD no. 19-103

An attorney general’s investigation of the dining cruise market in New York Harbor indicated that Hornblower Group, Inc. had obtained dominance in New York City’s dining cruise market through its acquisition of Entertainment Cruises. The investigation also confirmed that while other already-existing dining cruise operators wished to expand their operations into New York City, they…

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New York et al. v. Deutsche Telekom AG et al., No. 1:19-cv-5434 (S.D.N.Y.)

States challenged merger of T-Mobile and Sprint, the third and fourth-largest mobile telecommunications providers in the U.S., alleging that shrinking the national wireless carrier pool down from four to three providers would decrease competition and create higher prices for consumers. The US Department of Justice and seven states entered into a settlement with the parties…

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Commonwealth of Kentucky ex rel. Beshear v. Marathon Petroleum Co. LP, No. 3:15-cv-00354 (May 12, 2015)

State filed suit against Marathon, alleging Marathon engaged in anti-competitive practices that lead to higher gas prices for Kentucky consumers in violation of state and federal antitrust laws. State alleged that Marathon abused its monopoly position after its merger with Ashland Oil in 1998. The state alleged, among other actions, that Marathon requires some retailers, thought its supply agreements, to purchase 100 percent of their RFG from Marathon, with penalties if the retailers fail to do so. The agreements also prohibit unbranded retailers from challenging Marathon’s pricing. According to the complaint, Marathon further reduces competition by adding deed restrictions to some of the property parcels it sells that prohibit the purchaser of the property from selling gas or operating a convenience store. Some of the restrictions have an exception that will allow for development of a gas station if the station sells only Marathon gas. State sought injunctive relief, civil penalties of $2000 per violation, restitution to citizens and to the state and attorneys’ fees. Defendants moved to disqualify the outside counsel retained by the state on the grounds that the contingent fee arrangement was improper. The court denied Marathon’s motion to dismiss as to the federal antitrust, state antitrust and deceptive practices claims, but denied the state’s unjust enrichment claim because consumers only conferred an indirect benefit on Marathon by buying gasoline at allegedly inflated prices, not a direct benefit.

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AGs Submit Comments to FTC for Hearings on Competition and Consumer Protection in the 21st Century

Forty-three state and territory attorneys general submitted comments to the Federal Trade Commission (FTC) Hearings on Competition and Consumer Protection in the 21st Century.

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Parens Authority in Antitrust Matters

This course provides an overview of common law parens patriae principles, the codification of those principles in federal and state antitrust statutes, and the unique challenges of exercising and preserving parens standing in antitrust cases.

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NAAG Urges Congress to Pass Safeguarding America’s First Responders Act

Washington, D.C. — NAAG sent a letter to Congress calling for the passage of S.3607, the Safeguarding America’s First Responders (SAFR) Act. The SAFR Act would permit the families of first responders who die or are permanently and totally disabled as a result of COVID-19 to receive the same federal benefits extended to first responders, or their…

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State Action Immunity Update

The state action immunity doctrine is an important protection for state regulatory boards and other non-state entities.

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Compliance Monitoring and State Attorney General Investigations: Issues in Appointment and Operation

With increasing use of compliance monitors by state attorneys general and federal law enforcement in corporate settlement agreements, this article describes the significant advantages that monitors provide in enforcing complex injunctive relief and overseeing systemic corporate changes, and discusses key practices and standards to consider in selecting monitors and defining their roles.

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