Attorneys General Ask Apple and Google to Ensure All Contact Tracing Apps Serve a Public Health Purpose

October 22, 2020

Digital contact tracing may provide a valuable tool to understand the spread of COVID-19 and assist the public health response to the pandemic. However, such technology also poses a risk to consumers’ personally identifiable information, including sensitive health information, that could continue long after the present public health emergency ends.

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NAAG Urges U.S. Department of Veterans Affairs to Reevaluate Changes to Claims Processing Policy

October 22, 2020

We urge the VA to postpone any change to this long-standing policy until the VA, VSOs and veterans can have more thorough discussions regarding the VA’s reasons for the change, the implications it will have on VSOs and veterans, and whether there are alternative solutions that do not call for complete elimination of this critical quality review.

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NAAG Endorses Edith’s Bill

October 22, 2020

Throughout the country, attorneys general are fighting senior fraud and abuse. In 2019, several state attorneys general partnered with the U.S. Department of Justice and other federal partners to conduct the largest-ever nationwide elder fraud sweep against perpetrators who had repeatedly targeted seniors, resulting in losses of over $750 million.

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Attorneys General Urge Congress to Adopt Key Changes to the Victims of Crime Act (VOCA)

October 22, 2020

As state Attorneys General, we are often the administrators of grant funding, through our state compensation programs or otherwise, financed directly from the Fund. In order to ensure the predictability and sustainability of these critical funds, change must be enacted to support our states’ ability to effectively serve victims and survivors of crime for years to come.

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NAAG Endorses Stopping Overdoses of Fentanyl Analogues (SOFA) Act

October 22, 2020

States and localities are on the front line of this crisis and are a large part of winning the battle from both a law enforcement and public health perspective.

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State of Wisconsin et al. v. Indivior, No. 16-5073 (E.D. Pa. Sept. 22,2016)

October 9, 2020

Plaintiff states alleged that the makers of Suboxone, a drug used to treat opioid addiction, engaged in a scheme to block generic competitors and raise prices. Specifically, they are conspiring to wtich Suboxone from a tablet version to a flim in order to prevent or delay generic entry. The states allege that the manufacturers engaged in “product hopping” in which a company makes slight changes to its product to extend patent protections and prvent generic alternatives. The complaint was filed under seal.

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New York et al. v. Cephalon, No. 2:16-cv-04234 (E.D. Pa. Aug. 4, 2016)

October 9, 2020

In May 2015, the FTC settled a “pay-for-delay” suit against Cephalon for injunctive relief and $1.2 billion, which was paid into an escrow account. The FTC settlement allowed for those escrow funds to be distributed for settlement of certain related cases and government investigations. In August 2016, forty-eight states filed suit in the Eastern District of Pennsylvania against Cephalon alleging anticompetitive conduct by Cephalon to protect the profits it earned from having a patent-protected monopoly on the sale of its landmark drug, Provigil. According to the complaint, Cephalon’s conduct delayed generic versions of Provigil from entering the market for several years. The complaint alleged that as patent and regulatory barriers that prevented generic competition to Provigil neared expiration, Cephalon intentionally defrauded the Patent and Trademark Office to secure an additional patent, which a court subsequently deemed invalid and unenforceable. Before it was declared invalid, Cephalon was able to use the patent to delay generic competition for nearly six additional years by filing patent infringement lawsuits. Cephalon settled those lawsuits by paying competitors to delay sale of their generic versions of Provigil until at least April 2012. Consumers, states, and others paid millions more for Provigil than they would have had generic versions of the drug launched by early 2006, as expected. A settlement was filed with the complaint, which includes $35 million for distribution to consumers who bought Provigil.

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Florida et al. v. Dollar Tree, Inc., No. 1:15-cv-01052 (D.D.C. July 2, 2015)

October 9, 2020

Eighteen plaintiff states and the FTC challenged the merger of Dollar Tree, the largest chain of “dollar” stores (deep discount stores) and Family Dollar Stores, the nation’s third largest dollar store chain. The complaint claimed the proposed acquisition would substantially lessen competition in numerous markets by: (1) eliminating direct and substantial competition between Dollar Tree and Family Dollar; and (2) increasing the likelihood that Dollar Tree will unilaterally exercise market power. This, according to the complaint, would violate Section 7 of the Clayton Act and each state’s applicable antitrust and consumer protection laws. The states sought a permanent injunction to prevent the merger, along with costs and attorney fees. The parties reached a settlement under which 330 stores in the 18 states would be divested to Sycamore partners and run as a new dollar store chain, Dollar Express. The agreement also required the defendants to report future acquisitions in any of the affected markets and to pay over $865,000 to reimburse the costs and fees of the plaintiff states.

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Maryland et al. v. Perrigo Company, No. 1:04CV01398 (D.D.C. Aug. 17, 2004)

October 9, 2020

The FTC and states alleged that the companies had entered into a “pay-for-delay” arrangement, whereby Perrigo paid Alpharma to withdraw its generic version from the market for Children’t ibuprofen.According to the complaint, in June 1998, Perrigo and Alpharma signed an agreement allocating to Perrigo the sale of OTC children’s liquid ibuprofen for seven years. In exchange for agreeing not to compete, Alpharma received an up-front payment and a royalty on Perrigo’s sales of children’s liquid ibuprofen. The FTC received $6.25 million to compensate injured consumers. The states received $1.5 million in lieu of civil penalties. the parties were enjoined from future agreements.

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Utah v. Allied Waste Industries, Inc., No. 2:99-CV00303H

October 9, 2020

Plaintiff state entered into a consent decree with Allied to ensure that Allied did not use its control of the Washington County landfill to disadvantage competitors. Allied agreed to treat all haulers the same with respect to storage of waste containers, hauling outside normal business hours, inclusion of banned hazardous waste in waste hauled to the landfill. Allied also will not tie the sale of any other services (e.g. recycling) or products to the purchase of commercial waste services from Allied. Allied will not enter into any contracts for a term of more than 2 years, and there shall be no automatic renewal (evergreen) contracts for longer than one year.Allied may not provide any commercial waste-hauling services below cost so long as it has more thatn 60% of commercial small container waste hauling in Washingotn County.

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