State of Florida et al. v. Hitachi-LG Data Storage Inc. et al., No.3:13-cv-01877
After Hitachi-LG Data Storage, Inc. was charged with a 15-count felony charge by the United States Department of Justice, pleaded guilty to bid-rigging and price-fixing of Optical Disc Drives (ODDs) and paid a $21.1 million criminal fine, Florida filed suit. The suit alleged that Hitachi-LG Data Storage, Inc. and its subsidiary, Hitachi-LG Data Storage Korea, Inc., participated in meetings, discussions, and communications to share competitively sensitive information, in order to rig bids for ODDs sold to Dell Inc., Hewlett-Packard Company, and Microsoft Corporation. The state is seeking equitable relief, damages, and civil penalties for Florida consumers, businesses, and governmental entities.
Federal Trade Commission and State of Georgia v. Phoebe Putney Health System, Inc.,No. 1:11-cv-00058-WLS (M.D. Ga. Apr. 20, 2011)
Georgia Attorney General’s Office filed a joint complaint with the FTC seeking to enjoin any transaction involving Phoebe Putney, the Hospital Authority of Albany-Dougherty County or Palmyra Park Hospital under which Phoebe Putney would acquire control of Palmyra Park Hospital’s operations, until the conclusion of the FTC’s administrative proceeding and any subsequent appeals.
The complaint alleges that the transaction as proposed would violate federal law by eliminating the vigorous competition that currently exists between Phoebe Putney and Palmyra Park Hospital in Albany and the surrounding six-county area. The complaint also alleges that Phoebe Putney has used the Hospital Authority to cloak private, anticompetitive activity in governmental guise in the hopes that it would exempt the acquisition from federal antitrust law. Court granted TRO, case filed under seal.
Mississippi v. Entergy, No. C-2008-2086 (Chan. Ct. Hinds Cty. Miss. 2008)
State filed suit against Entergy, an electricity provider regulated by the state PSC, alleging that Entergy violated its duty to Mississippi customers under the PSC’s rules by charging higher prices for electricity in Mississippi than in other states, with no justification in costs. The case alleged violations of the state’s consumer protection act, fraud and unjust enrichment, as well as one antitrust claim, alleging restraint of trade on the production of electricity and that Entergy engrossed and forestalled electricity markets in the state.
Florida v. Champion Laboratories, No. 1:09-cv-02321 (N.D. Ill. 2009)
State filed against nine manufacturers of aftermarket auto filters, alleging a scheme to illegally fix prices, allocate customers and eliminate price competition since at least 1999. The suit alleges that high-level filter company executives conspired to maintain artificially high prices for
their companies� filters by agreeing among themselves to fix, increase, maintain and/or stabilize the prices of filters sold in the United States, in violation of state and federal antitrust laws and state consumer protection laws. The executives allegedly communicated about prices and even met with each other on numerous occasions, including at filter industry trade association meetings, to fix the prices and allocate customers and markets. The lawsuit further alleges the defendant companies used misleading information in letters seeking to justify their price increases. The suit seeks treble damages, injunctive relief and attorneys� fees and costs as well as civil penalties of up to $1 million per violation against each defendant. Private litigation is pending, USDOJ investigated but did not pursue case.
Ilinois v. Liberty Mutual Insurance Company
The state of Illinois alleged that Liberty Mutual particiated in scheme led by Marsh McLennan to rig bids on insurance policies and distribute policies to particpating insurers, who would submit high bids when directed to do so. The State also alleged that Liberty Mutual paid undisclosed contingent commissions (payments on top of regular commissions)to insurance brokers and agents to induce them to steer business to Liberty Mutual.
People of the State of California v Conti, BC 348077 (Ca. Super. Ct. 2006)
State alleged that defendants participated in a bid-rigging conspiracy designed to allocate bids for advertising on Internet search-engine Yahoo.
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