U.S., Missouri and Nebraska v. Stericycle, Inc. Case. No. 1:09-cv-02268 (D.D.C. 2009)
U.S. DOJ, Missouri and Nebraska filed complaint alleging that acquisition of Medserve by Stericycle would substantially lessen competition in infectious waste collection and treatment services to hospitals and other critical healthcare facilities in Kansas, Missouri, Nebraska and Oklahoma, resulting in higher prices and reduced service. The parties reached a settlement under which Stericycle and MedServe must divest all of MedServe’s assets primarily used in the provision of infectious waste collection and treatment services to large customers in Kansas, Missouri, Nebraska and Oklahoma to a viable purchaser approved by DOJ after consultation with the states. These assets include MedServe’s Newton, Kan., treatment facility, and its transfer stations in Kansas City, Kan., Oklahoma City, Omaha, Neb., and Booneville, Mo. Notice of future acquisitions must be provided to the plaintiffs.
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.
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: Buspirone Antitrust Litigation,Case No. 01 CV 11401, MDL 1410, MDL 1413 (S .D.N.Y.) (see also Ohio v. Bristol Myers Squibb
Plaintiff States sought damages and injunctive relief, alleging that Bristol-Myers Squibb Co. (BMS) attempted to maintain an unlawful monopoly on buspirone hydrochloride, a medication used to treat generalized anxiety. In settling, BMS agreed to a stipulated injunction and to reimburse consumers and state and local public entities for overcharges. In 2008, plaintiff states sued BMS for failing to report accurately to the states, pursuant to the settlement, 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.
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.
