State of Colorado et al v. Warner Chilcott, 1:05-cv-02182 (D.D.C.2005)
34 states filed suit alleging that Warner Chilcott entered into an illegal agreement with Barr Pharmaceuticals to raise the prices of Ovcon, an oral contraceptive. The lawsuit alleged that after Barr Pharmaceuticals publicly announced that it planned to have a generic version of Ovcon on the market by the end of the year, Warner Chilcott paid Barr Pharmaceuticals $1 million for an agreement designed to prevent Barr’s generic product from coming to market. Under the terms of the alleged agreement, once Barr received FDA approval to market generic Ovcon, Warner Chilcott had 90 days to pay Barr $19 million, after which Barr would refuse to bring the cheaper generic version to the market. The lawsuit alleged that as a result of the agreement, Warner Chilcott paid Barr a total of $20 million to keep it from marketing its generic version of Ovcon. In additon to a payment of $5.5 million, the settlement prohibits Warner Chilcott, for ten years, from entering into any agreement that would have the effect of limiting the research, development, manufacture, or sale of a generic alternative to one of its drugs. Furthermore, Warner Chilcott must provide the states notice of certain agreements it has entered into with generic manufacturers, and must continue to make its records available to the states for inspection to determine whether the company is complying with the terms of the agreement.
California v. Infineon Technologies, No. 3:06-cv-04333 (N.D. Cal. Nov. 7, 2007)
33 Plaintiff States generally alleged a horizontal price-fixing conspiracy in the U.S.
market for dynamic random access memory (“DRAM”), carried out by numerous manufacturer defendants. Samsung an
another company, Winbond, reached settlement for $113 million in 2007.. States and private parties settled with the remaining defendants for $173 million and injunctive relief.
Texas v. American International Group Inc., No. D-1-6v-08-000197 (98th Dist. 2007)
Ten states resolved claims that AIG, an insurer, had participated in a bid-rigging scheme run by Marsh McLennan, an insurance broker.
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.
Michigan ex rel. Kelley v. C.R. Equip. Sales, Inc., 898 F. Supp. 509 (W.D. Mich. 1995)
In suit following successful DOJ criminal case, state of Michigan, on behalf of its 500 school districts, sought damages for bid-rigging on school buses and bus bodies.
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.
Michigan v. C.R. Equipment Sales, Inc. (W.D. Mich. Nov. 1994)
State filed suit against school bus distributors after guilty pleas in federal investigaiton. Distributors settled for $1.3 million damages and injunctive relief.
Connecticut v. Mylan Laboratories, Inc. (In re Lorazepam & Clorazepate Antitrust Litigation), MDL No. 1290 (D.D.C. June 15, 2000) 205 F.R.D. 369 (D.D.C. 2002); No. 98 CV 3115 (D.D.C. 2000) – complaint
Plaintiff States alleged that Mylan Laboratories, Inc.(Mylan) and other drug companies entered into illegal agreements to monopolize the market for certain generic anti-anxiety drugs.
