Settlement Agreement Between States and Arby’s Restaurant Group, 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.
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.
Maryland et al. v. Perrigo Company, No. 1:04CV01398 (D.D.C. Aug. 17, 2004)
The FTC and states alleged that the companies had entered into a “pay-for-delay” arrangement, whereby Perrigo paid Alpharma to withdraw its generic version from the market for Children’t ibuprofen.According to the complaint, in June 1998, Perrigo and Alpharma signed an agreement allocating to Perrigo the sale of OTC children’s liquid ibuprofen for seven years. In exchange for agreeing not to compete, Alpharma received an up-front payment and a royalty on Perrigo’s sales of children’s liquid ibuprofen. The FTC received $6.25 million to compensate injured consumers. The states received $1.5 million in lieu of civil penalties. the parties were enjoined from future agreements.
U.S. and New Jersey v. Waste Management, Inc., No. 1:03CV01409 (D.D.C. 2003)
USDOJ and New Jersey challenged the merger of Waste Management, Inc. and Allied Waste Industries, Inc., the nation’s two largest commercial waste hauling and disposal companies, alleging that the transaction would have resulted in higher prices for waste collection or disposal or both in seven metropolitan areas. The companies agreed to a settlement under which they divested commercial waste hauling and disposal assets in these areas.
Maryland v. Rite-Aid Corp.
Rite Aid sought to acquire the assets of Canadian company Jean Coutu, which owned the Eckerd and Brooks retail pharmacy chains. Parties agreed to divest 26 stores in seven states.
Connecticut v. Leviton Manufacturing Co., Inc., et al. (In re: Electrical Wiring Devices Antitrust Litigation)No. H-79-64 (D. Conn. 1978)
Various manufacturers of electrical wiring devices settled Attorney General’s claims of price fixing via entry of consent decree prohibiting such conduct and payment of monetary forfeiture. Parallel USDOJ criminal case
In re Clozapine Antitrust Litigation, MDL No. 874 (N.D. Ill. 1991)
Plaintiff States sought monetary damages and injunctive relief against Sandoz Pharmaceuticals Corporation (Sandoz), alleging the company unlawfully required those who purchased its drug, Clozapine, to also purchase distribution and patient monitoring services from Sandoz.
Pennsylvania et. al. v. Playmobil USA, 1995-2 Trade Cas. (CCH) ¶ 71, 215 (M.D. PA, March 1995)
Plaintiff States complaint against Playmobil USA, Inc. (Playmobil) sought compensatory damages and injunctive relief, alleging that Playmobil conspired with certain dealers to set the minimum retail price for which retailers were permitted to sell Playmobil?s toys.
New Jersey v. Exxon Corp. No. 1:99CV03183 (D.D.C. Nov. 30, 1999); Alaska v. Exxon Corp. No. A99-618-CV (D. Alaska, Nov. 30, 1999); Texas v. Exxon Corp. No. 3-99CV 2709-L (N.D. Texas, Dallas, Dec. 3, 1999); California v. Exxon
Plaintiff States sought to enjoin the merger between Exxon Corporation (Exxon) and Mobil Corporation (Mobil), alleging that the merger would violate Section 7 of the Clayton Act because the acquisition would substantially lessen competition and/or tend to lessen competition in relevant markets in each of the States.
New Jersey v. Nurses Private Duty Registry, Inc., 1977-2 Trade Cas. (CCH) 61,809 (N.J. Super. Ct. 1977)
State sought damages and injunctive relief, alleging that Defendant, Nurses Private Duty Registry, Inc., established fee schedules and fixed the prices of private duty nursing services.
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