In the Matter of GlaxoSmithKline, PLC (Augmentin)
States alleged that GlaxoSmithKline fraudulently obtained patent protection for Augmentin and then delayed generic entry through sham patent litigation. Through this conduct, GlaxoSmithKline unlawfully maintained its monopoly over Augmentin. A $3.5 million multistate settlement for state proprietary claims was entered into by the participating states and GlaxoSmithKline.
In Re Relafen Antitrust Litigation
States sued manufacturer of antidepressant Relafen, alleging patent misuse and sham litigation designed to prevent generic entry. Parties settled the state proprietary claims for $10 million.
New York v. Facsimile Communications Industry, Inc. d/b/a/ Atlantic Business Products, Inc., No. 402299/03 (Sup. Ct. N.Y. County 2002)
Atlantic Business Products and Candle Business Systems entered into a customer allocation agreement that had a negative effect on the retail copier market. Candle plead to the criminal charges and entered into a settlement resolving the civil action.
In the Matter of ACE Ltd. and ACE Group Holdings, Inc.
ACE Ltd., an insurance broker, allegedly participated in bid-rigging schemes with Marsh McLennan and other borkers in which they provided sham bids tocustomers. ACE agreed to pay $80 milion in restitution and penalties, and to adopt a series of significant reforms of its business practices
In the Matter of Zurich Holding Co. of America, Inc. and Zurich American Insurance Co.
Zurich agreed to an Assurance of Discontinuance to resolve claims of bid-rigging and sham bidding. Under the AOD, Zurich paid $88 million to policy holders, $39 million to New York and $13 million each to Connecticut and Illinois.
New York v. Brooks Drug, Inc, et al., 90 Civ. 4330 (S.D.N.Y. 1992)
Various pharmacy firms engaged in collusion regarding New York State’s prescription program for state employees.
New York v. Kraft General Foods, 862 F.Supp. 1030, 1993-1 Trade Cases P 70,284
Kraft acquired Nabisco’s ready-to-eat cereal assets for approximately 405 million dollars. The New York Attorney General’s Office brought suit to have the acquisition declared unlawful. The Attorney General’s Office argued that the acquisition would eliminate competition between Kraft and Nabisco and significantly reduced competition in the ready-to-eat cereal market. New York sought to have the acquisition declared unlawful. After trial, the claim was dismissed. The judge held the evidence was insufficient to show that the acquisition would substantially lessen competition
New York v. Anheuser-Busch, 86 CIV. 2345 (S.D.N.Y. 1986)
Anheuser-Bush, Miller Brewing and other defendants entered into vertical geographic market allocation agreements with their distributors in the state of New York
State v. Eastern Ambulance Service, Inc., Index No. 83-2613 (N.Y. Sup. Ct., Onondaga County)
Defendants engaged in a conspiracy to monopolize the ambulance service provider market. Eastern Ambulance Service agreed to stop providing private wheelchair transportation services. In return, Tender Loving Care Medical Transportation Services, Inc. (TLC) agreed to withdraw from the ambulance service market. The case settled for $35,000.
New York v. Salem Sanitary Catering Corp, et. al., No. 85 Civ. 0208 (E.D.N.Y. 1992)
Nassau and Suffolk County garbage collection services conspired to allocate routes and customers, fix prices, coerce competition out of their market and rig bids. New York brought a class action law suit under its parens patriae authority.
