In the Matter of Cabell Huntington Hospital, Inc.’s Acquisition of St. Mary’s Medical Center, No. 15-C-542, Cabell Cty. Ct., WV
The attorney general reached an agreement with two hospitals in the Huntington WV area who were merging. The agreement requires, among other things 1) that St. Mary’s Medical Center will be maintained as a free-standing, general acute care, faith-based organization for the seven-year period;2) Neither hospital will increase its service rates beyond the benchmark rate established by the West Virginia Health Care Authority; 3) If the combined operating margins of the hospitals exceed an average of 4 percent during any three-year period, the hospitals’ rates will be reduced by the amount of excess for the following three years; 4) Both hospitals will release employees from any non-compete agreements following the termination of their employment 5) The hospitals will maintain open staffs and grant privileges to all qualified physicians, and not terminate privileges to those who start offering services in competition to the hospitals (excluding groups that historically have operated under exclusive agreements) 6) The hospitals will not oppose the award of a certificate of need by the state Health Care Authority to any health care provider that seeks to provide services in their market area; 7) the hospitals will establish a fully integrated and interactive medical record system at both facilities so that patient encounters can be readily available to physicians at both hospitals; 8) they will notify the Attorney General’s Office within 90 days of any proposed addition or deletion of any health care service line.
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.
Missouri v. AU Optronics Corp., (N.D. Cal. pending transfer to MDL 1827, 2010)
Following guilty pleas to criminal price-fixing by several LCD manufacturers, and a conviction after trial of another, plaintiff states filed suit against LCD manufacturers, alleging that top executives of several companies held numerous secret meetings from at least 1999 through at least 2006 for the purpose of exchanging information and setting prices on LCD panels. According to the complaint, companies such as Dell, Apple, and Hewlett Packard were among those targeted by the manufacturers’ price-fixing scheme. According to the lawsuit, the illegal overcharges were ultimately borne by state consumers and state government purchasers. The suit also alleges fraudulent concealment of the conspiracy. The lawsuit seeks monetary damages, civil penalties and injunctive relief under the Sherman Act and state antitrust statutes. The first settlement covered Chimei Innolux, Chimei Optoelectronics, Hannstar, Hitachi, Samsung, and Sharp and their subsidiaries. The second settlement, for $543.5 million, was with AU Optronics, Toshiba and LG Display and subsidiaries.
In re Marsh & McLennan
Plaintiff states alleged that Marsh, an insurance broker, made collusive arrangements whereby brokers entered into agreements with insurers to receive undisclosed compensation and engaged in anticompetitive conduct in the market for commercial liability insurance. March agreed to reveal all commissions paid, and to pay the states $7 million.
Oregon v. ACE Holdings, Inc.
Consent decrees filed by states in state court required $4.5 million payment and conduct relief to remedy alleged bid-rigging and false insurance quotes, as well as payment of secret “contingent commissions” to brokers.
District of Columbia v. ACE Holdings, Inc.
Consent decrees filed by states in state court required $4.5 million payment and conduct relief to remedy alleged bid-rigging and false insurance quotes, as well as payment of secret “contingent commissions” to brokers.
Texas v. ACE Holdings, Inc.
Consent decrees filed by states in state court required $4.5 million payment and conduct relief to remedy alleged bid-rigging and false insurance quotes, as well as payment of secret “contingent commissions” to brokers.
Florida v. ACE Holdings, Inc.
Consent decrees filed by states in state court required $4.5 million payment and conduct relief to remedy alleged bid-rigging and false insurance quotes, as well as payment of secret “contingent commissions” to brokers.
West Virginia ex rel. McGraw v. Visa USA, Inc. et al., No. 03-C-551 (Cir. Ct. Ohio Cty. 2003)
The State sued Visa and Mastercard claiming the companies used their market power in general credit cards to force merchants to accept their branded debit cards. The high cost of accepting the branded debit cards forced retailers to charge consumers more for goods purchased. As a settlement, Visa paid $9.3 million and MasterCard paid $2.3 million to state, which was used to fund a tax holiday on Energy Star products, and a total of $600,000 to the Attorney General’s revolving fund.
West Virginia ex rel. McGraw v. GlaxoSmithKline, PLC et al., No. 04-C-254M (Cir. Ct. Marshall Cty. 2004)
Plaintiff state filed a lawsuit and consent order to settle the lawsuit against GlaxoSmithKline, PLC, and SmithKline Beechham Corporation, the manufacturers of the prescription drugs, Paxil, Augmentin, and Relafen. Paxil is commonly prescribed for anxiety and depression, Augmentin is an antibiotic, and Relafen is a non-steroidal pain reliever. The State alleged that the defendants had unlawfully attempted to extend their patent protection for the three prescription drugs. After an investigation, the State reached an agreement with the defendants to settle the manner. Under the terms of the settlement, the State received $500,000.00.
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