Nebraska v. Daimler Truck et al.
Nebraska, with Energy Marketers of America and Renewable Fuels Nebraska, brought an antitrust action against four manufacturers of medium and heavy-duty vehicles (“MHDVs”) – Daimler Truck North America; International Motors; Paccar; and Volvo Group North America – and the Truck & Engine Manufacturers Association. The lawsuit alleges that defendants agreed to reduce the manufacture of…
Texas et al. v. BlackRock et al.
Thirteen attorneys general brought an antitrust action against three institutional investors – BlackRock, State Street, and Vanguard Group. The lawsuit alleges that defendants used their acquisition of stock to reduce competition in coal markets in violation of Section 7 of the Clayton Act and state antitrust laws and that defendants agreed amongst themselves to reduce…
FTC and Plaintiff States v. Syngenta Crop Protection AG, No. 22-cv-828 (M.D. N.C. Nov. 2022)
The FTC and 10 states sued pesticide manufacturers Syngenta Crop Protection and Corteva, Inc. two of the largest pesticide manufacturers operating in the United States. For allegedly paying distributors to block competitors from selling their cheaper generic products to farmers. The complaint alleges that these big pesticide firms run so-called “loyalty programs” in which distributors…
New York et al. v. Meta (originally Facebook Inc.), No. 20-3589 (D.D.C.)
Forty-eight plaintiff states filed a lawsuit against Facebook Inc., alleging that the company harms the public by illegally stifling competition to protect its monopoly power. The states alleged that, over the last decade, the social networking giant illegally acquired competitors in a predatory manner and cut services to smaller firms that threatened its power, depriving…
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…
Colorado et al. v. Google, No. 1:30-cv-03715 (D.D.C. Dec. 17, 2020)
Thirty-eight states sued Google, alleging that Google illegally maintains its monopoly power over general search engines and related general search advertising markets through a series of anticompetitive contracts and conduct, hurting both consumers and advertisers. Consumers are denied the benefits of competition, including the possibility of higher quality services and better privacy protections. Advertisers are…
Utah et al. v. Google LLC, No. 3:21-cv-05227 (N.D. Cal. July 7, 2021)
Thirty-seven states filed a lawsuit against Google for monopolizing the smartphone application market in violation of state and federal antitrust laws. According to the complaint, Google operates a web of exclusionary agreements with phone manufacturers and carriers to exert control over app distribution on Android phones through its Google Play Store. By leveraging those anticompetitive…
State of Wisconsin et al. v. Indivior, No. 16-5073 (E.D. Pa. Sept. 22,2016)
Plaintiff states alleged that the makers of Suboxone, a drug used to treat opioid addiction, engaged in a scheme to block generic competitors and raise prices. Specifically, they are conspiring to wtich Suboxone from a tablet version to a flim in order to prevent or delay generic entry. The states allege that the manufacturers engaged in “product hopping” in which a company makes slight changes to its product to extend patent protections and prvent generic alternatives. The complaint was filed under seal.
New York et al. v. Cephalon, No. 2:16-cv-04234 (E.D. Pa. Aug. 4, 2016)
In May 2015, the FTC settled a “pay-for-delay” suit against Cephalon for injunctive relief and $1.2 billion, which was paid into an escrow account. The FTC settlement allowed for those escrow funds to be distributed for settlement of certain related cases and government investigations. In August 2016, forty-eight states filed suit in the Eastern District of Pennsylvania against Cephalon alleging anticompetitive conduct by Cephalon to protect the profits it earned from having a patent-protected monopoly on the sale of its landmark drug, Provigil. According to the complaint, Cephalon’s conduct delayed generic versions of Provigil from entering the market for several years. The complaint alleged that as patent and regulatory barriers that prevented generic competition to Provigil neared expiration, Cephalon intentionally defrauded the Patent and Trademark Office to secure an additional patent, which a court subsequently deemed invalid and unenforceable. Before it was declared invalid, Cephalon was able to use the patent to delay generic competition for nearly six additional years by filing patent infringement lawsuits. Cephalon settled those lawsuits by paying competitors to delay sale of their generic versions of Provigil until at least April 2012. Consumers, states, and others paid millions more for Provigil than they would have had generic versions of the drug launched by early 2006, as expected. A settlement was filed with the complaint, which includes $35 million for distribution to consumers who bought Provigil.
Florida et al. v. Dollar Tree, Inc., No. 1:15-cv-01052 (D.D.C. July 2, 2015)
Eighteen plaintiff states and the FTC challenged the merger of Dollar Tree, the largest chain of “dollar” stores (deep discount stores) and Family Dollar Stores, the nation’s third largest dollar store chain. The complaint claimed the proposed acquisition would substantially lessen competition in numerous markets by: (1) eliminating direct and substantial competition between Dollar Tree and Family Dollar; and (2) increasing the likelihood that Dollar Tree will unilaterally exercise market power. This, according to the complaint, would violate Section 7 of the Clayton Act and each state’s applicable antitrust and consumer protection laws. The states sought a permanent injunction to prevent the merger, along with costs and attorney fees. The parties reached a settlement under which 330 stores in the 18 states would be divested to Sycamore partners and run as a new dollar store chain, Dollar Express. The agreement also required the defendants to report future acquisitions in any of the affected markets and to pay over $865,000 to reimburse the costs and fees of the plaintiff states.
