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.
Michigan ex rel. Kelley v. C.R. Equip. Sales, Inc., 898 F. Supp. 509 (W.D. Mich. 1995)
In suit following successful DOJ criminal case, state of Michigan, on behalf of its 500 school districts, sought damages for bid-rigging on school buses and bus bodies.
Maryland v. SmithKline Beecham Corp., No. 2:06-cv-01298-JP (E.D.Pa Mar. 27, 2006)
States sued manufacturer of antitdepressant Paxil, alleging patent misuse and sham litigation designed to prevent generic entry. Parties settled for $14 million.
Michigan v. C.R. Equipment Sales, Inc. (W.D. Mich. Nov. 1994)
State filed suit against school bus distributors after guilty pleas in federal investigaiton. Distributors settled for $1.3 million damages and injunctive relief.
In re Cardizem CD Antitrust Litigation 99-MD-1278 (E.D. Mich. Jan. 29, 2003), 332 F.3d 896 (6th Cir. 2003)
Plaintiff States sought damages and injunctive relief, alleging that defendants entered into an unlawful agreement attempting to delay or prevent the marketing of less expensive generic alternatives to Cardizem CD, a brand name drug used to prevent heart attacks. The Plaintiff States settled for $80 million, the bulk of which was to be used to reimburse purchasers including consumers, insurance companies and other third-party payers for overcharges paid for Cardizem CD between 1998 and 2003.
Michigan v. Warner-Universal Ambulance Service, 1980-2 Trade Cas. (CCH) 63,536 (Mich. Cir. Ct. 1980)
State sought damages and injunctive relief, alleging that Defendants conspired with one another to collectively refuse to participate in or collectively refuse to withdraw from the Michigan Medicaid Program.
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