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.
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.
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.
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.
Wisconsin v. Marshfield Clinic, No. 97C-0418 (W.D. Wis. June 19, 1997), 1997-1 Trade Cas. (CCH) 71,855 (W.D. Wis. 1997)
State sought to enjoin the merger between Marshfield Clinic and Wausau Medical Center, S.C., alleging that the merger would substantially impair the competition for health care services in the Wausau, Wisconsin area.
Wisconsin v. Downey, 1975-2 Trade Cas. (CCH) 60,567 (Wis. Cir. Ct. 1975)
State sought injunctive relief, alleging that Defendant veterinarians entered agreements, contracts and other arrangements with one another to adhere to fee schedules and pricing formula with reference to fees charged for veterinary services.
Wisconsin v. Morris K. Lear (No. 99-CF-1365), Western Wisc. Inspection (99-CF-1366), Bruce Getten (99-CF-1367), Ronald Habermann (No. 99-CF-1368), Indep. Inspections (99-CF-1369) (Wis. Cir. Ct. Dane Cty 2000)
Wisconsin alleged defendants were involved in an agreement to limit competition for state contracts to conduct inspections of liquid storage tanks. Known as the “LPO” cases (Local Program Operators)
Wisconsin v. The Wisconsin Chiropractic Ass’n , Case No. 01CV3568, Circuit Court Dane County (December 2001)
Complaint alleged that WCA and Leonard orchestrated a conspiracy among WCA members to increase prices for chiropractic services and to boycott third-party payers.
