FTC and Plaintiff States v. Amazon.com, Inc., No. 2:23-cv-01495 (W.D. Wash. Sept. 26, 2023)
The FTC and plaintiff states alleged that Amazon, an online retail and technology company, is a monopolist that uses a set of interlocking anticompetitive and unfair strategies to illegally maintain its monopoly power. The lawsuit alleges that Amazon’s actions allow it to stop rivals and sellers from lowering prices, degrade quality for shoppers, overcharge sellers,…
FTC and Plaintiff States v. Amgen, No. 23-CV-3053 (N.D. Ill. 06/22/23)
Plaintiff states joined the Federal Trade Commission’s suit against Amgen’s planned $28 billion purchase of Horizon Therapeutics. The plaintiffs sought a temporary restraining order and preliminary injunction blocking Amgen Inc. and its subsidiaries from completing the proposed acquisition. Horizon Therapeutics PLC makes the only U.S. FDA-approved treatment for thyroid eye disease, Tepezza, and the only FDA-approved…
New York et al. v. Meta (originally Facebook Inc.), No. 20-3589 (D.D.C.)
Forty-eight plaintiff states filed a lawsuit against Facebook Inc., alleging that the company harms the public by illegally stifling competition to protect its monopoly power. The states alleged that, over the last decade, the social networking giant illegally acquired competitors in a predatory manner and cut services to smaller firms that threatened its power, depriving…
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…
California v. Quest Diagnostics Incorporated, No. CV-03-1358 MMM (C.D. Cal. 2003)
Merger of two clinical laboratories in California
California, Nevada, New Mexico v. Albertson’s, Inc., and American Stores Company
Federal Trade Commission (FTC) and the Plaintiff States sought to enjoin the merger between Albertson’s Inc. (Albertson’s) and American Stores Company (American Stores), alleging that the merger would substantially impair competition in the supermarket industry and could result in price increases and decreases in the quality and selection of food, groceries and
services.
California v. Quality Food Centers, 98 CV 01101 (C.D. Cal. Feb. 19, 1998)
Challenge to proposed merger involving Ralphs Grocery Company (owning both Ralphs Markets and Food 4 Less markets) and Hughes Markets. Case settled by divestiture of 19 stores in 7 areas in southern California.
Texas v. Your Therapy Source, LLC et al., No. D-1-GN-18-003887 (Travis Cty. Dist. Ct., 201st Dist. July 31, 2018)
The state alleged that the owners of two companies that provided professional therapists to home health agencies, including physical,occupational and speech therapists and therapist assistants, agreed to reduce the rate of pay for therapists and invited other competitors to collude on the rates. The FTC entered into a settlement with the companies. The state entered into a settlement with the companies that enjoined them from agreeing on rates with their competitors, exchanging rate information with their competitors,attempting to collude with any competitor on rates of pay for therapists. The companies were also required to submit compliance reports. the order is in effect for 20 years.
FTC and Plaintiff States v. Mallilnckrodt Ard Inc. (formerly Questcor), No. 1:17-cv-00120 (D.D.C. Jan. 18, 2017)
Four states and the FTC reached a $100 million settlement with Mallinckrodt plc and its US subsidiary, formerly known as Questcor Pharmaceuticals, Inc. resolving a lawsuit accusing Questcor of monopolizing the market for Achthar, the only adrenocorticotropic hormone (ACTH) based therapeutic drug sold in the United States. ACTH is used as a last resort to treat infantile spasms and multiple sclerosis. Questcor allegedly blocked competition for Acthar by disrupting the bidding process and acquiring the U.S. rights for Synacthen Depot, the only other ACTH based drug sold in the world. In 2001, Questcor bought the rights to Acthar and increased the price of it by 85,000 percent, charging over $34,000 for a vial of the drug that used to cost $40 per vial. In 2012, Novartis Pharma A.G sold the U.S. rights of Synacthen, Achthar’s only competitor. The complaint alleges that three other companies had all conducted due diligence and submitted formal offers for Synacthen with plans to develop and launch Synacthen in the United States in direct competition with Questcor. However, perceiving the threat to its U.S. monopoly if a rival drug company purchased the assets, Questcor stepped in to outbid the three other companies, offering Novartis $135 million in guaranteed payments with only vague plans for Synacthen and after very limited due diligence. Through the acquisition, Questcor sought to extinguish the most likely challenges to its Acthar monopoly. According to the complaint, this allowed Questcor to continue charging over $34,000 per vial for H.P. Acthar Gel. In addition to paying $100 million in disgorgement, Under the settlement, Mallinckrodt will pay $100 million. The company will also be required to license a competitor to the rights it acquired from Novartis to commercialize and develop Synacthen in the United States, including the Synacthen trademark, along with clinical trial data and certain intellectual property related to manufacturing and formulation. Mallinckrodt is also prohibited from taking actions that would interfere with clinical trials or clinical plans for Synacthen.
New York et al. v. Cephalon, No. 2:16-cv-04234 (E.D. Pa. Aug. 4, 2016)
In May 2015, the FTC settled a “pay-for-delay” suit against Cephalon for injunctive relief and $1.2 billion, which was paid into an escrow account. The FTC settlement allowed for those escrow funds to be distributed for settlement of certain related cases and government investigations. In August 2016, forty-eight states filed suit in the Eastern District of Pennsylvania against Cephalon alleging anticompetitive conduct by Cephalon to protect the profits it earned from having a patent-protected monopoly on the sale of its landmark drug, Provigil. According to the complaint, Cephalon’s conduct delayed generic versions of Provigil from entering the market for several years. The complaint alleged that as patent and regulatory barriers that prevented generic competition to Provigil neared expiration, Cephalon intentionally defrauded the Patent and Trademark Office to secure an additional patent, which a court subsequently deemed invalid and unenforceable. Before it was declared invalid, Cephalon was able to use the patent to delay generic competition for nearly six additional years by filing patent infringement lawsuits. Cephalon settled those lawsuits by paying competitors to delay sale of their generic versions of Provigil until at least April 2012. Consumers, states, and others paid millions more for Provigil than they would have had generic versions of the drug launched by early 2006, as expected. A settlement was filed with the complaint, which includes $35 million for distribution to consumers who bought Provigil.
