State of Colorado et al v. Warner Chilcott, 1:05-cv-02182 (D.D.C.2005)
34 states filed suit alleging that Warner Chilcott entered into an illegal agreement with Barr Pharmaceuticals to raise the prices of Ovcon, an oral contraceptive. The lawsuit alleged that after Barr Pharmaceuticals publicly announced that it planned to have a generic version of Ovcon on the market by the end of the year, Warner Chilcott paid Barr Pharmaceuticals $1 million for an agreement designed to prevent Barr’s generic product from coming to market. Under the terms of the alleged agreement, once Barr received FDA approval to market generic Ovcon, Warner Chilcott had 90 days to pay Barr $19 million, after which Barr would refuse to bring the cheaper generic version to the market. The lawsuit alleged that as a result of the agreement, Warner Chilcott paid Barr a total of $20 million to keep it from marketing its generic version of Ovcon. In additon to a payment of $5.5 million, the settlement prohibits Warner Chilcott, for ten years, from entering into any agreement that would have the effect of limiting the research, development, manufacture, or sale of a generic alternative to one of its drugs. Furthermore, Warner Chilcott must provide the states notice of certain agreements it has entered into with generic manufacturers, and must continue to make its records available to the states for inspection to determine whether the company is complying with the terms of the agreement.
Connecticut, et al. v. BL Makepeace, Inc., et al., No. 79-642 (D.Conn.)
Retail vendors of architectural, engineering and drafting supplies, equipment and blueprint services settled Attorney General?s claims of price fixing and unlawful market allocation via entry of a consent decree which prohibited such conduct and payment of a monetary forfeiture.
Massachusetts v. First Group, PLC
Eleven states alleged that the merger would substantially lessen competition in numerous markets for the procurement of School Bus Services within the Plaintiff States. Settlement required divestitures of routes and depots, provision o fmaintenance services, no non-compete agreements, notice to the states of future acquisitions, and no coercion to include certain bid specifications plus $1.1 million in attorneys fees.
Texas v. Zurich American Insurance Company (In re Insurance Brokerage Antitrust Lit. (D.C. No. 04-cv-05184, D.N.J.)
Zurich settled claims involving payment of contingent commissions and submission of false bids for insurance coverage.
In the Matter of Big Y Foods, No. 03-1983-E (Super. Ct. of Mass, Suffolk Cty. April 25, 2003)
State expressed concern about sale of supermarkets in Western Massachusetts to major competitor. Big Y agreed to use same pricing for new stores as it did for all stores in the area, agreed to use its best efforts to sell the supermarket sites for use as supermrkets.
In the Matter of Harvard Communicty Health Plan, Inc. and Pilgrim Health Care, Inc., No. 95-0331 (Mass. Super. Ct., Suffolk Cty., Jan. 18, 1995)
State had concerned about proposed merger of two large HMOs in eastern Massachusetts
In the Matter of Baycare Health Partners, Inc., No. 94-5653 (Superior Court of Mass., Suffolk Cty., Oct. 4, 1994)
State was concerned about contractual provisions in proposed Phyisician Hospital Organization (PHO) which would require participating physicians to bring new contract opportunities with health plans to the PHO first.
Massachusetts v. SSC Associates, L.P. and Stop & Shop Companies, Inc., No. 95-12377NG (D. Mass. Oct. 18, 1995) (Consent Decree).
Joint FTC/state review of acquisition by Stop & Shop Markets of Purity Supermarket chain. FTC and State entered into separate identical consent orders requring divesitutres.
In the Matter of Fleet Bank and Shawmut Bank
Plaintiff state reached agreement that allowed merger of two banks with branch divestitures and commitment to community loans.
In the Matter of Blue Cross Blue Shield of Massachusetts, No. 95-3591A (Mass. Super. Ct. Suffok Cty. June 22, 1995)
State settled (through Assurance of Discontinuance) charges that Blue Cross Blue Shield of Massachusetts solicited or agreed to solicit a boycott of Hillcrest Hospital in Pittsfield, Massachusetts while Blue Cross was in contract negotiations with another Pittsfield hospital.
