In Re Relafen Antitrust Litigation
States sued manufacturer of antidepressant Relafen, alleging patent misuse and sham litigation designed to prevent generic entry. Parties settled the state proprietary claims for $10 million.
Maryland v. SmithKline Beecham Corp., No. 2:06-cv-01298-JP (E.D.Pa Mar. 27, 2006)
States sued manufacturer of antitdepressant Paxil, alleging patent misuse and sham litigation designed to prevent generic entry. Parties settled for $14 million.
Texas v. Zeneca, 1997 U.S. Dist. LEXIS 13153 (N.D. Tex. 1997)
States sought an injunction and monetary damages from Zeneca, Inc. (Zeneca), alleging that the company conspired with distributors of its crop protection chemicals to maintain the resale price of the chemicals.
In re Cardizem CD Antitrust Litigation 99-MD-1278 (E.D. Mich. Jan. 29, 2003), 332 F.3d 896 (6th Cir. 2003)
Plaintiff States sought damages and injunctive relief, alleging that defendants entered into an unlawful agreement attempting to delay or prevent the marketing of less expensive generic alternatives to Cardizem CD, a brand name drug used to prevent heart attacks. The Plaintiff States settled for $80 million, the bulk of which was to be used to reimburse purchasers including consumers, insurance companies and other third-party payers for overcharges paid for Cardizem CD between 1998 and 2003.
Maryland et al v. Mitsubishi Electronics America; 1992-1 Trade Cas. (CCH) ¶69,743 (D. Md. 1992)
Plaintiff States sought damages and injunctive relief, alleging that Mitsubishi Electronics America, Inc. (MELA) conspired with its dealers to set or maintain the resale price of its electronics equipment. In the settlement with Plaintiff States, MELA was enjoined from engaging in the alleged conduct and agreed to pay $6 million dollars for administrative costs and to reimburse qualified buyers.
In Re: Toys ‘R’ Us Antitrust Litigation, 191 F.R.D. 347 (E.D.N.Y. 2000); M.D.L. 1211
Plaintiff States alleged that Toys R Us entered into vertical and horizontal agreements with numerous toy manufacturers to limit the supply of certain popular toys to warehouse clubs.
New York et al. v. Matsushita Electric Corp. of America (S.D.N.Y. 1989)
Plaintiff States sued for damages and injunctive relief on their own behalf and as parens patriae. The complaint alleged that Defendant conspired to fix or maintain the resale price for which dealers were able to sell Matsushita?s products. The case was settled. Plaintiff States were awarded damages and injunctive relief.
Missouri v. American Cyanamid Co.; 1997 U.S. Dist. LEXIS 4722,.1997-1 Trade Cas. (CCH) 71,712 (W.D. MO. 1997)
The Plaintiff States alleged that between 1989 and 1995, American Cyanamid Company (American Cyanamid) entered into contracts for Crop Protection Chemicals (CPC), with its dealers in which they agreed formally and in writing to a rebate program that held floor prices at levels equal to Defendant’s wholesale prices for affected CPC.
Ohio, et al, v. Bristol-Myers Squibb Co., et al.(D.D.C. 2002); see also In re Buspirone Antitrust Litigation,Case No. 01 CV 11401, MDL 1410, MDL 1413 (S .D.N.Y.)
Plaintiff States sought damages and injunctive relief, alleging that the drug company, Bristol-Myers Squibb, Co. (BMS) wrongfully maintained a monopoly on Taxol, a drug for which the Plaintiff States alleged Defendant fraudulently filed a patent. BMS’s alleged wrongful action delayed entry into the market by generic competitors of the drug, resulting in higher prices for Taxol. In 2008, plaintiff states sued BMS for failing to report accurately to the states, pursuant to the settlemen, a patent arrangement involving the drug Plavix. The company pleaded guilty to lying to the FTC and the states recovered $1.1 million in fines.
Florida, et al. v. Nine West Group, Inc. and John Doe, 1-500, 80 F. Supp.2d 181 (S.D.N.Y. 2000); No. 00-CV-1707 (S.D.N.Y. Dec. 14, 2000)
Plaintiff States sought damages and injunctive relief, alleging that Nine West Group (Nine West) conspired with unnamed dealers to set the minimum resale price at
which retailers were permitted to sell women’s dress shoes to customers.
