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.

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New York et al. v. Matsushita Electric Corp. of America (S.D.N.Y. 1989)

Plaintiff States sued for damages and injunctive relief on their own behalf and as parens patriae. The complaint alleged that Defendant conspired to fix or maintain the resale price for which dealers were able to sell Matsushita?s products. The case was settled. Plaintiff States were awarded damages and injunctive relief.

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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.

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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.

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California, et al., v. Chevron Corporation and Texaco, Inc. No. 01-07746 (E.D. Cal. Sept. 10, 2001)

Plaintiff States sought to enjoin Chevron Corporation (Chevron) and Texaco, Inc. (Texaco) from consummating their merger, arguing that the merger would significantly impair competition in the markets for refining, wholesaling, and retailing of gasoline and other motor vehicles; aviation gasoline and jet fuel; and California crude oil.

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Florida, et al. v. Nine West Group, Inc. and John Doe, 1-500, 80 F. Supp.2d 181 (S.D.N.Y. 2000); No. 00-CV-1707 (S.D.N.Y. Dec. 14, 2000)

Plaintiff States sought damages and injunctive relief, alleging that Nine West Group (Nine West) conspired with unnamed dealers to set the minimum resale price at
which retailers were permitted to sell women’s dress shoes to customers.

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Washington v. Wenatchee Valley Clinic, 1988-1 Trade Cas. (CCH) 68,118 (E.D. Wash. 1988)

State sought damages and injunctive relief, alleging that Defendant health care providers conspired to fix the price for the delivery or sale of emergency medical services or other health care services. Further, the Plaintiff State alleged that Defendants allocated the markets for the sale of ambulatory surgery facility services, radiation facility services or other health care services.

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Washington v. Washington Dental Service, 1997-1 Trade Cas. (CCH) 71,716 (King County Super. Ct. 1997)

State sought damages and injunctive relief, alleging that Defendant, Washington Dental Service (WDS) maintained “Most Favored Nation Clauses” in its dentist agreements which require that a participating dentist’s fee for any given procedure used as a basis for payment of WDS claims shall not exceed the lowest fee which the dentist charges or offers to or receives from any person or dental plan.

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Washington v. Grays Harbor Medical Bureau, 1986-1 Trade Cas. (CCH) 66,979 (Wash. Super. Ct. 1986)

State sought damages and injunctive relief, alleging that Defendant, Grays Harbor Medical Bureau conspired with other health care providers to agree upon fees for reimbursement for services to be offered or provided to Defendant?s subscribers, or the territory or area within which Defendant offers its services.

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Washington v. Larson, 199602 Trade Cas. (CCH) 71, 475 (Wash. Super. Ct. 1996)

State sought damages and injunctive relief, alleging that Defendant pharmacies conspired to fix the price of prescription drugs and agreed not to deal with insurers and other third-party payors.

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