Attorneys General Support Efforts to Stop Robocallers from Misusing Legitimate Phone Numbers

November 15, 2021

The National Association of Attorneys General (NAAG) today wrote the Federal Communications Commission (FCC) in support of its efforts to reduce illegal robocallers’ access to legitimate phone numbers to make unending robocalls that scam people out of their hard-earned money. The comment letter to the FCC was signed by all 50 state attorneys general and…

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Colorado et al. v. Google, No. 1:30-cv-03715 (D.D.C. Dec. 17, 2020)

July 12, 2021

Thirty-eight states sued Google, alleging that Google illegally maintains its monopoly power over general search engines and related general search advertising markets through a series of anticompetitive contracts and conduct, hurting both consumers and advertisers. Consumers are denied the benefits of competition, including the possibility of higher quality services and better privacy protections. Advertisers are…

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Utah et al. v. Google LLC, No. 3:21-cv-05227 (N.D. Cal. July 7, 2021)

July 8, 2021

Thirty-seven states filed a lawsuit against Google for monopolizing the smartphone application market in violation of state and federal antitrust laws. According to the complaint, Google operates a web of exclusionary agreements with phone manufacturers and carriers to exert control over app distribution on Android phones through its Google Play Store. By leveraging those anticompetitive…

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NAAG Submits Comment Letter on Beneficial Ownership Regulations

May 6, 2021

Our comments are consistent with the sense of Congress, which requires that regulations “to the greatest extent practicable… collect information in a form and manner that is reasonably designed to generate a database that is highly useful to… law enforcement agencies…” NDAA § 6402(8)(C).

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Attorneys General Urge Senate to Pass Law to Fight Shell Companies

October 26, 2020

As our States’ chief legal officers, we are concerned about the use of American financial institutions for money laundering by terrorist groups and other criminal enterprises.

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NAAG Endorses Stopping Overdoses of Fentanyl Analogues (SOFA) Act

October 22, 2020

States and localities are on the front line of this crisis and are a large part of winning the battle from both a law enforcement and public health perspective.

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State of Wisconsin et al. v. Indivior, No. 16-5073 (E.D. Pa. Sept. 22,2016)

October 9, 2020

Plaintiff states alleged that the makers of Suboxone, a drug used to treat opioid addiction, engaged in a scheme to block generic competitors and raise prices. Specifically, they are conspiring to wtich Suboxone from a tablet version to a flim in order to prevent or delay generic entry. The states allege that the manufacturers engaged in “product hopping” in which a company makes slight changes to its product to extend patent protections and prvent generic alternatives. The complaint was filed under seal.

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New York et al. v. Cephalon, No. 2:16-cv-04234 (E.D. Pa. Aug. 4, 2016)

October 9, 2020

In May 2015, the FTC settled a “pay-for-delay” suit against Cephalon for injunctive relief and $1.2 billion, which was paid into an escrow account. The FTC settlement allowed for those escrow funds to be distributed for settlement of certain related cases and government investigations. In August 2016, forty-eight states filed suit in the Eastern District of Pennsylvania against Cephalon alleging anticompetitive conduct by Cephalon to protect the profits it earned from having a patent-protected monopoly on the sale of its landmark drug, Provigil. According to the complaint, Cephalon’s conduct delayed generic versions of Provigil from entering the market for several years. The complaint alleged that as patent and regulatory barriers that prevented generic competition to Provigil neared expiration, Cephalon intentionally defrauded the Patent and Trademark Office to secure an additional patent, which a court subsequently deemed invalid and unenforceable. Before it was declared invalid, Cephalon was able to use the patent to delay generic competition for nearly six additional years by filing patent infringement lawsuits. Cephalon settled those lawsuits by paying competitors to delay sale of their generic versions of Provigil until at least April 2012. Consumers, states, and others paid millions more for Provigil than they would have had generic versions of the drug launched by early 2006, as expected. A settlement was filed with the complaint, which includes $35 million for distribution to consumers who bought Provigil.

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Florida et al. v. Dollar Tree, Inc., No. 1:15-cv-01052 (D.D.C. July 2, 2015)

October 9, 2020

Eighteen plaintiff states and the FTC challenged the merger of Dollar Tree, the largest chain of “dollar” stores (deep discount stores) and Family Dollar Stores, the nation’s third largest dollar store chain. The complaint claimed the proposed acquisition would substantially lessen competition in numerous markets by: (1) eliminating direct and substantial competition between Dollar Tree and Family Dollar; and (2) increasing the likelihood that Dollar Tree will unilaterally exercise market power. This, according to the complaint, would violate Section 7 of the Clayton Act and each state’s applicable antitrust and consumer protection laws. The states sought a permanent injunction to prevent the merger, along with costs and attorney fees. The parties reached a settlement under which 330 stores in the 18 states would be divested to Sycamore partners and run as a new dollar store chain, Dollar Express. The agreement also required the defendants to report future acquisitions in any of the affected markets and to pay over $865,000 to reimburse the costs and fees of the plaintiff states.

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Maryland et al. v. Perrigo Company, No. 1:04CV01398 (D.D.C. Aug. 17, 2004)

October 9, 2020

The FTC and states alleged that the companies had entered into a “pay-for-delay” arrangement, whereby Perrigo paid Alpharma to withdraw its generic version from the market for Children’t ibuprofen.According to the complaint, in June 1998, Perrigo and Alpharma signed an agreement allocating to Perrigo the sale of OTC children’s liquid ibuprofen for seven years. In exchange for agreeing not to compete, Alpharma received an up-front payment and a royalty on Perrigo’s sales of children’s liquid ibuprofen. The FTC received $6.25 million to compensate injured consumers. The states received $1.5 million in lieu of civil penalties. the parties were enjoined from future agreements.

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