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.
New York v. Tele-Communications Inc., 1993 WL 527984 (S.D.N.Y. Sept. 14, 1993), 1993-2 Trade Cases P 70, 404
Defendant cable system operators, subsidiaries and a satellite cable supplier formed a monopoly in restraint of trade in the delivery of multichannel subscription television programming.
In the Matter of GlaxoSmithKline, PLC (Augmentin)
States alleged that GlaxoSmithKline fraudulently obtained patent protection for Augmentin and then delayed generic entry through sham patent litigation. Through this conduct, GlaxoSmithKline unlawfully maintained its monopoly over Augmentin. A $3.5 million multistate settlement for state proprietary claims was entered into by the participating states and GlaxoSmithKline.
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 Compact Disc Minimum Advertised Price Antitrust Litigation MDL No. 1361 (D. Me. 2002) MDL-1391; No. 00-CIV-5853 (BSJ) (S.D.N.Y Aug. 8, 2000) (complaint)
Plaintiff States sought damages and injunctive relief, alleging that Defendant CD distributors unlawfully conspired to implement stringent minimum advertised price (MAP) policies in violation of antitrust laws.
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.
