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.
In re B.P. Properties, Inc. (formerly known as Synergy Properties) and Research
State alleged bid-rigging in auctions of foreclosed real estate in four North Carolina counties.
North Carolina ex rel. Cooper v. McClure et al., No. 03 CVS 005617 (Wake County Super. Ct. 2003)
State alleged a group of environmental consulting firms conspired to rig bids and inflate prices that the state pays to clean sites contaminated by leaking petroleum tanks.
State ex rel. Cooper v. McLeod Oil Co., No 05 CVS 13975 (N.C. Super Wake Co. July 30, 2007)
State alleged gasoline supplier and its affiliate conspired with other gasoline retailers to force gas station to raise its prices significantly. Parties settled for $25,000 civil penalties,
North Carolina ex rel. Cooper v. Byrd et al., Nos. 05CVS8038 through 3047 (Wake County Super. Ct. 2005)
State alleged parties conspired to fix prices and rig bids for public auctions of real estate
located in Raleigh, Cary, Chapel Hill, Durham, Angier, Apex, Hillsborough communities. The conspiracy involved properties that were up for routine auction through county Clerks of Superior Court due to foreclosure.
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