In re Marsh & McLennan
Plaintiff states alleged that Marsh, an insurance broker, made collusive arrangements whereby brokers entered into agreements with insurers to receive undisclosed compensation and engaged in anticompetitive conduct in the market for commercial liability insurance. March agreed to reveal all commissions paid, and to pay the states $7 million.
U.S. and Plaintiff States v. Republic Services
Two of the three largest waste hauling companies in the U.S. sought to merge. The United States and plaintiff states reached a settlement under which the parties would divest 11 landfills, 8 waste transfer stations and numerous routes within the plaintiff states.
Florida et al. v. Abbott Laboratories et al., No. 1:08-cv-00155-SLR (D.Del. 2007)
States alleged Abbott Laboratories; Fournier
Industrie Et Sante and Laboratoires Fournier, S.A., blocked competition from less expensive
generics by continuously making minor changes in the formulations of TriCor to prevent therapeutically equivalent generic substitutions. The states alleged that the product switches helped thwart generic competition, allowing the companies to charge monopoly prices for TriCor.
The lawsuit also allegd the companies used patents, which they obtained by deceiving the Patent and Trademark Office and improperly enforced and brought a series of patent infringement lawsuits against two generic companies. According to the complaint, Abbott and Fournier filed at least ten lawsuits against two generic companies who were attempting to obtain FDA approval for their generic versions of TriCor. Abbott and Fournier eventually lost or dismissed all of the lawsuits. As a result of the product switches and patent litigation, Abbott and Fournier have successfully thwarted generic competition and denied consumers and state agencies the choice of a lower priced therapeutically equivalent generic.
The states settled their claims for $22.5 milion, which covered governmental purchases, as well as injunctive relief to prevent “product hopping” by the defendants in the future.
Florida v. Travelers Companies, Inc. (Leon County Court)
Plaintiff states filed identical complaints and consent orders in their respective state courts. See case listings under other settling states. The complaint alleged that Travelers
participated in a bid rigging scheme in which broker Marsh & McLennan predesignated which insurance company’s bid would “win” a particular account. To create the appearance of a competitive bidding process, Marsh would instruct certain insurers to submit inflated, intentionally uncompetitive bids. These schemes gave commercial policyholders, including large and small companies, nonprofit organizations, and public entities, the impression that they were receiving the most competitive commercial premiums available, when they were actually being overcharged.
Additionally, Travelers was involved with a “pay-to-play” arrangement centered on their
payment of contingent commissions, in addition to standard commissions and fees, to insurance brokers. Contingent commissions, often undisclosed to consumers, provided an incentive for brokers to steer business to the insurer who offered the most lucrative contingent commissions, often in violation of their clients’ interests.
States settled for $6 million plus injunctive relief mandating disclosure of types and amounts of compensation.
Oregon v. Travelers Companies (Multnomah County Court)
Plaintiff states filed identical complaints and consent orders in their respective state courst. See case listings under other settling states. The complaint alleged that Travelers
participated in a bid rigging scheme in which broker Marsh & McLennan predesignated which insurance company?s bid would ?win? a particular account. To create the appearance of a competitive bidding process, Marsh would instruct certain insurers to submit inflated, intentionally uncompetitive bids. These schemes gave commercial policyholders, including large and small companies, nonprofit organizations, and public entities, the mpression that they were receiving the most competitive commercial premiums available, when they were actually being overcharged.
Additionally, Travelers was involved with a ?pay-to-play? arrangement centered on their
payment of contingent commissions, in addition to standard commissions and fees, to insurance brokers. Contingent commissions, often undisclosed to consumers, provided an incentive for brokers to steer business to the insurer who offered the most lucrative contingent commissions, often in violation of their clients? interests.
States settled for $6 million plus injunctive relief mandating disclosure of types and amounts of compensation.
Massachusetts v. Travelers Companies (Suffolk Superior Court)
Plaintiff states filed identical complaints and consent orders in their respective state courst. See case listings under other settling states. The complaint alleged that Travelers
participated in a bid rigging scheme in which broker Marsh & McLennan predesignated which insurance company?s bid would ?win? a particular account. To create the appearance of a competitive bidding process, Marsh would instruct certain insurers to submit inflated, intentionally uncompetitive bids. These schemes gave commercial policyholders, including large and small companies, nonprofit organizations, and public entities, the mpression that they were receiving the most competitive commercial premiums available, when they were actually being overcharged.
Additionally, Travelers was involved with a ?pay-to-play? arrangement centered on their
payment of contingent commissions, in addition to standard commissions and fees, to insurance brokers. Contingent commissions, often undisclosed to consumers, provided an incentive for brokers to steer business to the insurer who offered the most lucrative contingent commissions, often in violation of their clients? interests.
States settled for $6 million plus injunctive relief mandating disclosure of types and amounts of compensation.
Pennsylvania v. University of Pittsburgh Medical Center (W.D. Pa)
State entered into a consent decree with University of Pittsburgh Medical Center to remedy anticompetitive concerns with acquisition of Mercy Medical Systems in Western Pennsylvania.
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.
Pennsylvania v. ACE Limited
Plaintiff state reached a settlement with ACE Limited in connection with ACE’s involvement with other insurers and brokers in a scheme to rig bids for excess casualty insurance. These illegal business practices occurred between 2000 and early 2004. In addition to the bid-rigging tactics, ACE also paid “contingent commissions,” which are payments that insurers pay to brokers and agents in addition to their base commissions. In exchange for the “contingent commissions,” brokers agreed to steer policies for excess casualty to ACE and increased premiums on existing policies. The agreement requires ACE to reform its business practices. Ace will now disclose to any client, who asks how much it is paying in compensation to a broker or non-exclusive agent on that client’s insurance business and will etablish a toll-free telephone number that policyholders can request disclosure of compensation information.
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.
