West Virginia ex rel. McGraw v. Mid-American Waste Systems of West Virginia, Inc., No. 97-C-255 (Cir. Ct. Wood Cty. 1997)
Owner of only landfillin area sought to monopolize market by use of evergreen contracts
West Virginia ex rel. Tompkins v. Northwestern Disposal Co. et al., No. 90-C-130 (Cir. Ct. Wood Cty. 1990).
Case alleged monopolization by owner of only landfill within geographic area.
West Virginia ex rel. McGraw v. Kimberly-Clark Corporation, et al., No. 99-C-2349 (Cir. Ct. Kanawha Cty. 2000)
Suit alleged price-fixing in the commercial tissue paper market. After dismissal from federal court, state refiled in state court and parties reached a settlement.
West Virginia ex rel. McGraw v. Microsoft Corp., No. 01-C-197 (Cir. Ct. Boone Cty. 2004)
The State filed a lawsuit against Microsoft Corporation seeking damages caused to the State and its consumers because of Microsoft’s unlawful monopolization in the computer operating system market. In June of 2003, the State reached a settlement with Microsoft Corporation along with a separate class of private plaintiffs.
West Virginia ex rel. McGraw v. Meadow Gold Dairies, Inc., No. 95-C-65 (Cir. Ct. Greenbrier Cty. 1995)
Meadow Gold Dairies conspired with other fluid milk distributors to rig bids and divide the market for supplying milk to public school districts in Southeastern West Virginia
West Virginia ex rel. McGraw v. Meadow Gold Dairies and Valley Rich Dairy, No. 93-0915-R (W.D. Va. 1995)
Meadow Gold and Valley Rich were accused of bid-rigging, market allocation and price fixing fluid milk sold to public schools in Southeastern West Virginia and Virginia. Valley Rich settled the case and Meadow Gold was dismissed. The case against Meadow Gold was refiled in West Virginia State Court. This action followed a guilty plea by Borden, Inc. to federal antitrust charges on rigging bids for school milk programs.
West Virginia ex rel. McGraw v. Wampler Foods, Inc., No. 99-C-10 (Cir. Ct. Hardy Cty. 1999)
The State brought an action claiming Wampler was using its monopsonistic power to control the prices paid to farmers raising chickens for it. Farmers had no other buyer for the chickens they raised other than Wampler. The Court dismissed the action finding that Wampler had not engaged in any exclusionary conduct.
West Virginia ex rel. McGraw v. Abbott Labs and Geneva Pharmaceuticals, Inc., No. 05-C-180 (Cir. Ct. Wyoming Cty. 2005)
The brand name maker of the prescription drug Hytrin, Abbott, entered into an agreement with Geneva to keep Geneva’s generic version of Hytrin off the market. Geneva was paid a substantial amount of money by Abbott while Abbott continued to collect monopoly profits on its name brand drug. Because of federal laws, Geneva effectively blocked the entry of other generic drug makers from entering the market. The matter settled in conjunction with MDL litigation.
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