Richardson v. Akzo Nobel (In re Vitamins Antitrust Litigation), 1:09-cv-02112-TFH(D.D.C. 2009)
As part of a private class action lawsuit, states, as parens patriae for their citizens, reached a settlement with vitamin manufacturers accused of fixing prices on certain vitamins (The vitamins affected by this alleged price fixing conspiracy are: vitamin A,
astaxanthin, vitamin B1 (thiamin), vitamin B2 (riboflavin), vitamin B3 (niacin), vitamin B4 (choline chloride), vitamin B5 (calpan), vitamin B6, vitamin B9 (folic acid), vitamin B12 (cyanocobalamine pharma), betacarotene, vitamin C, canthaxanthin, vitamin E, and vitamin H (biotin), as well as all blends and forms of these vitamins) sold purchased between 1988 and 2000. This case is related to the case New York et al. v. Hoffmann-LaRoche, Inc.,et al. with different defendants.
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.
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.
FTC and Puerto Rico v. College of Physician-Surgeons of Puerto Rico, No. 971 0011(D.P.R. Oct. 2. 1997)
Puerto Rico College of Physician surgeons sought to act on behalf of all Puerto Rico doctors to raise prices paid by the state for indigent care, and called for a strike which resulted in increaed hospital costs for consumers.
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 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.
New York et al. v. Hoffmann-LaRoche, Inc., Roche Vitamin, Inc.; Aventis Animal Nutrition S.A.; Daiichi Pharmaceutical Co. LTD; Eisai Co, LTD; Takeda Chemical Industries, Ltd; BASF Corporation (master case)
In various state court filings around the country, Plaintiff States alleged that Defendants conspired to set the prices of vitamins that go into various products. The exemplar case upon which all other settlements were ultimately based was filed in the District of Columbia in conjunction with various private class actions.
In Re: Toys ‘R’ Us Antitrust Litigation, 191 F.R.D. 347 (E.D.N.Y. 2000); M.D.L. 1211
Plaintiff States alleged that Toys R Us entered into vertical and horizontal agreements with numerous toy manufacturers to limit the supply of certain popular toys to warehouse clubs.
Missouri v. American Cyanamid Co.; 1997 U.S. Dist. LEXIS 4722,.1997-1 Trade Cas. (CCH) 71,712 (W.D. MO. 1997)
The Plaintiff States alleged that between 1989 and 1995, American Cyanamid Company (American Cyanamid) entered into contracts for Crop Protection Chemicals (CPC), with its dealers in which they agreed formally and in writing to a rebate program that held floor prices at levels equal to Defendant’s wholesale prices for affected CPC.
Ohio, et al, v. Bristol-Myers Squibb Co., et al.(D.D.C. 2002); see also In re Buspirone Antitrust Litigation,Case No. 01 CV 11401, MDL 1410, MDL 1413 (S .D.N.Y.)
Plaintiff States sought damages and injunctive relief, alleging that the drug company, Bristol-Myers Squibb, Co. (BMS) wrongfully maintained a monopoly on Taxol, a drug for which the Plaintiff States alleged Defendant fraudulently filed a patent. BMS’s alleged wrongful action delayed entry into the market by generic competitors of the drug, resulting in higher prices for Taxol. In 2008, plaintiff states sued BMS for failing to report accurately to the states, pursuant to the settlemen, 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.
