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.
California v. Valero Energy Corp., No. 01-10895 (C.D. Cal. Dec. 18, 2001)
States sought to enjoin the proposed merger between Valero Energy Corporation (Valero) and Ultramar Diamond Shamrock Corporation (Ultramar), arguing that the merger would substantially lessen competition in the bulk supply and wholesale marketing of gasoline.
Oregon, et al. v. Hartzell; 3:96-cv-01783 (D. Or)
This case was based on claims of horizontal price fixing among commercial crab fisherman.
Oregon, et al. v. Mulkey; 3:97-cv-00234-MA
Horizontal price-fixing among commercial crab fishermen.
Natural Gas Antitrust Cases I-IV, JCCP No. 4221, et al. (Sup. Ct. of Cal., San Diego 2000)
California, Nevada, Oregon, and Washington investigated El Paso Corporation and other defendants for conspiring to fix the prices of natural gas. In 2003, a $1.5 billion settlement was reached between El Paso Corporation and California, Nevada, Oregon, Washington, other California entities, and various class actions.
In re Antibiotic Antitrust Actions, 410 F. Supp. 669, 1974 U.S. Dist. LEXIS 9407 (D. Minn. 1974)
Plaintiff States sought damages and injunctive relief, alleging that Defendant companies conspired to monopolize and restrain the trade for the manufacture, sale and distribution of broad spectrum antibiotics (BSA).
California, Oregon, Washington v. BP Amoco p.l.c. and Atlantic Richfield Company
Plaintiff States, along with the Federal Trade Commission (FTC) sought to enjoin the merger between BP Amoco p.l.c. (BP) and Atlantic Richfield Co. (ARCO), alleging that the merger would give BP monopoly-like control over Alaska North Slope crude oil production and sales to West Coast refineries.
Washington v. Texaco, Inc., No. C97-1980 (W.D. Wash. 1997)
Plaintiff States sought to enjoin Texaco, Inc. (Texaco) and Shell Oil Company (Shell) from entering into a joint venture, arguing that such an agreement would substantially impair competition for gasoline in Washington, Oregon, and the States in general.
Utah v. Phillips Petroleum Co. and Conoco, Inc., No. 2 02 CV-0982 (D. Utah 2002)
Plaintiff States sought to enjoin Phillips Petroleum Co. (Phillips Petroleum) and Conoco, Inc. (Conoco) from entering into a merger agreement, arguing that the merger would substantially impair competition for refining bulk supply and sale of gasoline.
Texas v. Zeneca, 1997 U.S. Dist. LEXIS 13153 (N.D. Tex. 1997)
States sought an injunction and monetary damages from Zeneca, Inc. (Zeneca), alleging that the company conspired with distributors of its crop protection chemicals to maintain the resale price of the chemicals.
