Case Details

Year Initiated/Committed

2016

Year Resolved

2017

Settlement Amount

$50,000 civil penalties

Court

Circuit Court, Baltimore County, Maryland

Docket Number

03 - C-16-002271

Lead State

MD

Participating States

MD

Defendant(s)

Johnson & Johnson Vision Care, Inc.

Case Description

State alleged that defendant, responding to requests from eye care professionals to limit competition from discounters, implemented a resale price maintenance policy, which fixed minimum retail prices for all retail sellers of Johnson & Johnson contact lenses. After objections from Costco, a large discount retailer, defendant revised its policy. Under Maryland law, although not federal law, an agreement establishing a minimum retail price is an unreasonable restraint of trade and per se illegal. The parties entered into an Assurance of Discontinuance under which Johnson & Johnson permanently discontinued the RPM agreements alleged and agreed to pay $50,000 in civil penalties.