Connecticut, et al. v. BL Makepeace, Inc., et al., No. 79-642 (D.Conn.)
Retail vendors of architectural, engineering and drafting supplies, equipment and blueprint services settled Attorney General?s claims of price fixing and unlawful market allocation via entry of a consent decree which prohibited such conduct and payment of a monetary forfeiture.
Massachusetts v. First Group, PLC
Eleven states alleged that the merger would substantially lessen competition in numerous markets for the procurement of School Bus Services within the Plaintiff States. Settlement required divestitures of routes and depots, provision o fmaintenance services, no non-compete agreements, notice to the states of future acquisitions, and no coercion to include certain bid specifications plus $1.1 million in attorneys fees.
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.
Maine v. Cooke Aquaculture, Inc. and Horton’s of Maine, Inc.
Complaint charged that tthe acquisition of a number of salmon aquaculture lease sites in Washington and Hancock Counties by Cooke Aquaculture Inc.from Stolt Sea Farms, Inc. would have placed Cooke in a virtual monopoly position, controlling most of the lease sites in the State suitable for raising salmon. The relevant market is highly concentrated Consent Decree requires Cooke to surrender its leasehold interest in four specified aquaculture sites to the Department of Marine Resources, as a means of bringing the company into compliance with a statutory acreage limit as well as antitrust laws. In addition, Cooke is required to divest or sell its interest in two significant salmon aquaculture sites in Cobscook Bay, known as Prince Cove and Rodger?s Island, within six months.
Maine v. Dead River Co. and Irving Oil Company
Complaint under state merger law resolved by Consent Decree. Parties permitted to consummate sale/acquisition of certain wholesale and retail propane assets in northern Maine, subject to conditions, specifically, first defendant required to enter throughput arrangements with new entrants at its bulk storage facility, second Defendant required to divest a portable bulk storage tank, $7,500 costs.
Maine v. Getchell Bros., Inc. 1989 WL 265292 (Me.Super.), 1989-2 Trade Cases P 68,758
Complaint charges market allocation in the sale of packaged or bulk ice. Consent Decree imposes injunctive relief, $35,000 civil penalties against each Defendant and costs.
Maine v. Bumble Bee Seafoods, LLC, No. CV-00-63 (Kennebec Super. Ct. 20000)
Challenge to merger of sardine processors resolved by consent Decree.
Maine v. Flagship Cinemas Management, Inc., No. CV-03-087 (Kennebec Super. Ct. December 2003)
Complaint filed against owner of 12-screen suburban film complex, alleging defendant’s purchase of a downtown theater as well violated Maine’s antitrust law. The state sought divestiture of the downtown movie theater.
In re August Lumber Company, Jan. 1989 Assurance of Discontinuance, Kennebec Super. Ct.
Complaint charges unfair competition in joint advertising of sales and hours of operation (e.g. all closed on certain holidays) by four area lumber companies. Assurance of Discontinuance under 5 M.R.S.A. § 207.
