U.S. and New Jersey v. Waste Management, Inc., No. 1:03CV01409 (D.D.C. 2003)

USDOJ and New Jersey challenged the merger of Waste Management, Inc. and Allied Waste Industries, Inc., the nation’s two largest commercial waste hauling and disposal companies, alleging that the transaction would have resulted in higher prices for waste collection or disposal or both in seven metropolitan areas. The companies agreed to a settlement under which they divested commercial waste hauling and disposal assets in these areas.

Read More →

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.

Read More →

Maryland v. Rite-Aid Corp.

Rite Aid sought to acquire the assets of Canadian company Jean Coutu, which owned the Eckerd and Brooks retail pharmacy chains. Parties agreed to divest 26 stores in seven states.

Read More →

Connecticut v. Leviton Manufacturing Co., Inc., et al. (In re: Electrical Wiring Devices Antitrust Litigation)No. H-79-64 (D. Conn. 1978)

Various manufacturers of electrical wiring devices settled Attorney General’s claims of price fixing via entry of consent decree prohibiting such conduct and payment of monetary forfeiture. Parallel USDOJ criminal case

Read More →

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.

Read More →

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.

Read More →

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.

Read More →

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.

Read More →

In re Clozapine Antitrust Litigation, MDL No. 874 (N.D. Ill. 1991)

Plaintiff States sought monetary damages and injunctive relief against Sandoz Pharmaceuticals Corporation (Sandoz), alleging the company unlawfully required those who purchased its drug, Clozapine, to also purchase distribution and patient monitoring services from Sandoz.

Read More →

Pennsylvania et. al. v. Playmobil USA, 1995-2 Trade Cas. (CCH) ¶ 71, 215 (M.D. PA, March 1995)

Plaintiff States complaint against Playmobil USA, Inc. (Playmobil) sought compensatory damages and injunctive relief, alleging that Playmobil conspired with certain dealers to set the minimum retail price for which retailers were permitted to sell Playmobil?s toys.

Read More →