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.
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.
Nixon et al., v. Cargill, Inc., No. 4:97-cv-0687 (E.D.Mo.)April 1997)
Northern Mississippi River and Ohio River States sought to minimize the impact of the merger of Cargill and Akzo by divestiture of bulk deicing salt supply agreement.
Ohio v. Louis Trauth Dairy., et al.
State of Ohio sought to recover damages from dairy suppliers who fixed prices of milk sold to 450 school districts in Ohio.
Ohio v. Daicel Chemical Industries LTD et al.
State of Ohio filed suit against Sorbates manufacturers. Complaint alleged that the manufacturers met to set prices and allocate markets. Case settled.
Ohio v. The Frederick C. Smith Clinic, Inc., et al., No. 98 CV 0033 (Oh. Ct. Comm. Pleas 1998)
State of Ohio filed suit to preclude the merger of Marion General Hospital and MedCenter Hospital. Concern centered on competition in the market for outpatient services. Case settled.
Ohio v. Maccaferri Gabions Manufacturing Co., Inc. et al.
Ohio Attorney General sought damages against two manufacturers of gabions (wire mesh baskets designed to be filled with stones and wired together?used for flood control) for market allocation and price fixing. Investigation was precipitated by a plea in a similar federal case.
