United States and Plaintiff States v. Election Systems and Software, Inc. No. 10-cv-00380 (D.D.C. 2010)

The U.S. Department of Justice and nine plaintiff states filed suit against Election Systems and Software, Inc.’s (“ES&S”) acquisition of Premier Election Solutions, Inc. (“Premier”). ES&S, the largest provider of voting systems in the United States, acquired Premier, a subsidiary of Diebold, Inc. and the second largest provider of voting equipment systems. The acquisition was well under the HSR reporting thresholds. After this acquisition, ES&S provided more than 70 percent of the voting equipment systems used in elections held in the United States. The complaint alleged that because ES&S’s acquisition of Premier joined the two closest competitors in the provision of voting systems, it was likely that states and local governments would have seen higher prices and a decline in quality and innovation in voting equipment systems.
The states and USDOJ reached a settlement with ES&S under which ES&S will sell Premier’s intellectual property for all past, present and in-development voting equipment systems to another competitor. The buyer will have the ability to compete for contracts to install new voting systems using the Premier product. ES&S is prohibited for 10 years from competing for new
installations using a Premier product. The buyer will also receive copies of all existing
Premier service contracts so that it can compete for contracts that are up for renewals.

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In the Matter of Settlement Agreement with U.S. Bancorp.

U.S. Bancorp acquired all assets and branch offices of West One Bancorp. The settlement agreement required that U.S. Bancorp divest within 180 days designated branch offices including their assets and loans.

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Washington v. Vashon Brokers Association, No. 95-2-06071-4 (Super Ct. King Cty. 1995)

The defendant operated a multiple listing service. The defendant established rules which fixed commission rates for both the listing and sales agent. Complaint and consent decree was filed in state court with injunctive provisions and costs.

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Washington v. Providence/Everett General

: Everett General, a large non-profit hospital, merged with Providence Hospital operated by Sister of Providence. A settlement agreement was negotiated which tied price increases to inflation and included non-discrimination clauses.

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In the Matter of Memorandum of Understanding with : Sisters of Providence and Health, Hospital Services

Sisters of Providence, owner of St. Joseph Hospital, entered into an agreement to purchase St. Luke’s Hospital. The two hospitals located in Bellingham represent the only inpatient facilities located in Bellingham or Whatcom County. The merger was allowed with conditions as to service and competition.

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Washington v. Inland Northwest AGC

Inland AGC is a trade association composed of construction firms doing business in eastern Washington. The construction industry along with Inland AGC were upset regarding contract language (mandatory arbitration and/or apportionment of risk) used in public works contracts. The association initiated a group boycott urging association members not to bid on public works projects until the contract provisions were removed from the public works contracts. Complaint and consent decree were filed with injunctive relief and attorneys’ fees and costs.

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Washington v. Okanogan Listing Exchange

The defendant operated a multiple listing service (?MLS?). The defendant established rules which fixed commissions rates for both listing and sales agents. Real Estate agents who failed to comply with the rules were prohibited from accessing the MLS service. Complaint and consent decree was filed in state court, enjoining future violations

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Washington v. Herff Jones, et. al

The defendants were competitors selling yearbooks to schools throughout Washington. The defendants conspired to set prices and allocate the market for yearbooks in Washington. A complaint requesting injunctive relief and restitution was filed on behalf of Washington consumers. A Consent Decree was filed providing consumer restitution, injunctive relief and attorney fees.

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Washington v. Darigold Inc./ Inland Northwest Corp.

Defendants contacted the Attorney General office regarding a proposed joint venture selling processed milk. A settlement was reached where the joint venture would distribute milk products to schools and to other distributors without conditions.

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Washington v. Becton Dickinson Corp.

University Of Washington sought bids for medical equipment from a variety of vendors. Those vendors all submitted proposals which included Becton Dickinson medical equipment. The highest bidder complained to Becton that VWR and others had submitted a bid discounting Becton equipment. Becton then requested that VWR (lowest bidder) and the other vendor?s either withdraw or increase the bid for Becton equipment to suggested retail prices.

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