U.S. and Plaintiff States v. AT&T, No. 11-01560 (D.D.C, 2011)
AT&T sought to acquire T-Mobile. The transaction would have combined two of the only four wireless carriers with nationwide networks. US DOJ and six states filed suite to block the merger. The parties abandoned the merger three months later.
In re J.P. Morgan Chase (Municipal Bond Derivatives)
Starting in 2008, the states investigated the municipal bond derivatives market, where tax exempt entities like governments and nonprofit organizations issue bonds and reinvest the proceeds until the funds are needed or enter into contracts to hedge interest rate risk on bonds.
The investigation revealed conspiratorial and fraudulent conduct involving individuals at JPMC, other financial institutions, and certain brokers with whom they had working relationships. The states alleged that certain JPMC employees and their counterparts at other institutions rigged bids, submitted noncompetitive courtesy bids and fraudulent certificates of arms-length bidding to government agencies. The misconduct led state and local entities, such as municipalities, counties, school districts and other government agencies, as well as nonprofits, to enter into municipal derivatives contracts on less advantageous terms than they would have otherwise. The $66.5 million multistate settlement is one component of a coordinated settlements (totaling $92 million) between JPMC and the U.S. Department of Justice’s Antitrust Division, the Securities and Exchange Commission (SEC), the Internal Revenue Service, the Office of the Comptroller of the Currency (OCC), as well as the states.
People of the State of California v. Bioelements, Inc.
State sued and entered into settlement with Bioelements, a maker of “cosmeceuticals” for skin care. Bioelements had entered into agreements with retailers fixing the prices at which Bioelements products could be sold on the Internet. Settlement enjoined the conduct and Bioelements paid $51,000 in civil penalties and attorneys fees.
People of the State of California v. AU Optronics Corp., No. CGC-10-504651 (Super. Ct. San. Fran. Cty. 2010)
Plaintiff state filed an antitrust action against several major technology companies for
illegally fixing prices for liquid crystal display (“LCD”) screens used in computers, televisions, and cell phones. The lawsuit seeks to recover damages suffered from 1998 to 2006 by Washington and other public purchasers that purchased computers and other goods containing the price-fixed screens. The suit seeks damages, restitution, and civil penalties on behalf of the state and as parens patriae for state consumers.
United States and Plaintiff States v. Comcast Corp., No. 1:11-cv-00106 (D.D.C., Jan. 18, 2011)
USDOJ and five states challenged the joint venture between Comcast and NBC Universal, alleging that it would harm competition in cable programming, with Comcast controlling NBC and NBCU programming. The parties reached a settlement, and the FCC also reached a separate settlement with Comcast and NBC. The settlements impose a number of restrictions and limitations on the merger to ensure that competing distributors have fair access to NBC and NBCU content. The settlements also address several areas of the joint venture’s operations. The DOJ and states’ settlement particularly focuses on requiring Comcast/NBC to make content available to online video distributors; requires NBC to relinquish all management rights in connection with Hulu.com, a popular video website; and prohibits Comcast from retaliating against content providers who sell to online distributors, entering into exclusive agreements that might limit access to programs, and slowing broadband signals when broadband customers view non-Comcast content.
IN the matter of Wachovia
Wachovia and its successor, Wells Fargo, settled charges by 25 states and several federal agencies (the Securities and Exchange Commission (SEC), the Office of the Comptroller of the Currency (OCC), the Internal Revenue Service (IRS) and the Federal Reserve) that it participated in a nationwide scheme to allegedly rig bids and engage in other anticompetitive conduct relating to municipal bond derivatives that defrauded state agencies, local governmental entities and not-for-profit entities. The multistate settlement is part of a $148 million settlement Bank of America entered into simultaneously with the federal agencies.
U.S. and Plaintiff States v. Verizon Communications, Inc., No. 08-cv-01878 (D.D.C. 2008)
USDOJ and plaintiff states filed suit to stop the acquisition of Alltel Corp. by Verizon Communications Corp. Verizon agreed to divest assets in 100 areas in 22 states in order to proceed with the acquisition.
Missouri v. AU Optronics Corp., (N.D. Cal. pending transfer to MDL 1827, 2010)
Following guilty pleas to criminal price-fixing by several LCD manufacturers, and a conviction after trial of another, plaintiff states filed suit against LCD manufacturers, alleging that top executives of several companies held numerous secret meetings from at least 1999 through at least 2006 for the purpose of exchanging information and setting prices on LCD panels. According to the complaint, companies such as Dell, Apple, and Hewlett Packard were among those targeted by the manufacturers’ price-fixing scheme. According to the lawsuit, the illegal overcharges were ultimately borne by state consumers and state government purchasers. The suit also alleges fraudulent concealment of the conspiracy. The lawsuit seeks monetary damages, civil penalties and injunctive relief under the Sherman Act and state antitrust statutes. The first settlement covered Chimei Innolux, Chimei Optoelectronics, Hannstar, Hitachi, Samsung, and Sharp and their subsidiaries. The second settlement, for $543.5 million, was with AU Optronics, Toshiba and LG Display and subsidiaries.
People of the state of California v. Dermaquest, No. RG10497526 (Cal. Sup. Ct. Alameda Cty. Feb. 23, 2010)
State sued DermaQuest, a maker of “cosmeceuticals” alleging vertical price maintenance in violation of Cal. Bus. & Prof. Code section 16720. State sought injunction, civil penalties and attorneys fees.
Texas et al. v. Organon (Remeron), No. 04-5126 (D.N.J. 2004)
Plaintiff states settled with drug maker Organon USA, Inc. and its parent company, Akzo Nobel N.V., resolving antitrust claims involving the antidepressant drug Remeron between June 2001 and October 2004. The states’ complaint alleged that Organon unlawfully extended its monopoly by improperly listing a new “combination therapy” patent with the U.S. Federal Drug Administration. In addition, the complaint alleged that Organon delayed listing the patent with the FDA in another effort to delay the availability of lower-cost generic substitutes. The $26 million settlement resolved claims brought by state attorneys general, as well as a private class action brought on behalf of a class of end payors. Organon also agreed to make timely listings of patents and to submit accurate and truthful information to the FDA.
