Ohio et al. v. National Collegiate Athletic Association (NCAA), No. 1:23-cv-00100 (N.D. W.V. Dec. 7, 2023)
Seven plaintiff states filed suit against the NCAA, alleging that the NCAA’s transfer eligibility rule is an illegal restraint on college athletes’ ability to market their labor and control their education. The rule requires college athletes who transfer among Division 1 schools to wait one year before competing in games, unless they obtain a waiver…
FTC and Plaintiff States v. Amgen, No. 23-CV-3053 (N.D. Ill. 06/22/23)
Plaintiff states joined the Federal Trade Commission’s suit against Amgen’s planned $28 billion purchase of Horizon Therapeutics. The plaintiffs sought a temporary restraining order and preliminary injunction blocking Amgen Inc. and its subsidiaries from completing the proposed acquisition. Horizon Therapeutics PLC makes the only U.S. FDA-approved treatment for thyroid eye disease, Tepezza, and the only FDA-approved…
U.S. and Plaintiff States v. Nexstar Media Group et al., No. 19-02295 (D.D.C. 08/01/19)
Nexstar agreed to acquire Tribune Media Company for approximately $6.4 billion. USDOJ and plaintiff states sued, alleging that the merger would likely substantially lessen competition in thirteen Designated Market Areas (DMAs). MVPDs, such as Comcast, DirecTV, and Charter, typically pay the owner of local broadcast stations in a given DMA a per-subscriber fee for the…
Settlement Agreement Between Plaintiff States and Citibank (June 2018)
Forty-two plaintiff states reached a $100 million settlement with Citibank for fraudulent conduct involving interest rate manipulation that had a significant impact on consumers and financial markets around the world. UBS’ fraudulent conduct involved the manipulation of LIBOR (the London Interbank Offered Rate). LIBOR is a benchmark interest rate that affects financial instruments worth trillions…
Illinois v. Elite Staffing, No. 2020CH05156 (Cir. Ct. Cook Cty. Ill. July 29, 2020)
Plaintiff state sued staffing agencies Elite Staffing, Inc. (Elite), Metro Staff, Inc. (Metro) and Midway Staffing, Inc. (Midway), as well as their client Colony, Inc. (Colony). The complaint alleged that the three staffing agencies formed an unlawful agreement to refuse to solicit or hire the other’s employees and to fix the wages paid to their…
Alabama et al. v. Endo International, No. 3:19-cv-04157 (N.D. Cal. July 19, 2019)
Eighteen states reached a settlement with Endo Pharmaceuticals Inc. under which Endo paid $2.3 million to settle allegations it entered into a reverse-payment agreement to obstruct generic competition to Lidoderm, a pain relief patch frequently used to treat shingles. According to the complaint, Endo had an agreement with Watson Laboratories Inc. ensuring Endo would not face…
People v. DeBrun, No. 98 CH 12 (Ill. Cir. Ct. 1998); 614 Trade Reg. Rep. (CCH) (Jan. 26, 2000)
The Illinois Attorney General filed a bid-rigging case against two contractors who allegedly conspired and rigged bids on contracts for spreading oil on roads. One defendant settled, and the other was found liable at trial and was assessed civil penalties.
People v. Greg Hensley; Illinois ex rel. Ryan v. Hensley, 2000-1 Trade cas. (CCH) 72,772 (Ill. Cir. Ct. 2000)
The Illinois Attorney General brought a price-fixing case against the owners of six auto repair shops. Five owners settled, and the sixth owner was found liable at trial.
Settlement Agreement Between States and Little Caesar Enterprises Inc.
Fourteen states investigated “no-poach†agreements (clauses, often contained in franchise agreements, which prevent workers from switching between employers of the same franchise in order to obtain a better job with a higher salary or improved working conditions). The states settled with four national fast food franchisors, Dunkin’, Arby’s, Five Guys, and Little Caesars, who agreed to cease using “no-poach†agreements that restrict the rights of fast food workers to move from one franchise to another within the same restaurant chain. Under the terms of the settlements, the franchisors will stop including no-poach provisions in any of their franchise agreements and stop enforcing any franchise agreements already in place. The franchisors have also agreed to amend existing franchise agreements to remove no-poach provisions and to ask their franchisees to post notices in all locations to inform employees of the settlement. Finally, the franchisors will notify the attorneys general if one of their franchisees tries to restrict any employee from moving to another location under an existing no-poach provision. Since the investigation began, Wendy’s provided confirmation that it never used no-poach provisions in their contracts with franchisees. Investigations into Burger King, Popeyes, and Panera continue.
Settlement Agreement Between States and Five Guys Franchisor LLC
Fourteen states investigated “no-poach†agreements (clauses, often contained in franchise agreements, which prevent workers from switching between employers of the same franchise in order to obtain a better job with a higher salary or improved working conditions). The states settled with four national fast food franchisors, Dunkin’, Arby’s, Five Guys, and Little Caesars, who agreed to cease using “no-poach†agreements that restrict the rights of fast food workers to move from one franchise to another within the same restaurant chain. Under the terms of the settlements, the franchisors will stop including no-poach provisions in any of their franchise agreements and stop enforcing any franchise agreements already in place. The franchisors have also agreed to amend existing franchise agreements to remove no-poach provisions and to ask their franchisees to post notices in all locations to inform employees of the settlement. Finally, the franchisors will notify the attorneys general if one of their franchisees tries to restrict any employee from moving to another location under an existing no-poach provision. Since the investigation began, Wendy’s provided confirmation that it never used no-poach provisions in their contracts with franchisees. Investigations into Burger King, Popeyes, and Panera continue.
