U.S. and Plaintiff States v. Marquee Holdings, No. 05 CV 10722 (S.D.N.Y. 2005)
US DOJ and plaintiff states filed a complaint alleging that the merger of AMC Entertainment and Loews Cineplex Entertainment would eliminate head-to-head competition between AMC and Loews and likely would have resulted in higher prices for tickets to first-run, commercial movies in sections of five major American cities: Boston, Chicago, Dallas, New York, and Seattle. DOJ and the plaintiff states agreed to a consent decree to resolve the complaint. Under the terms of the consent decree, AMC and Loews must divest movie theaters: two in Chicago and one each in New York, Boston, Seattle and Dallas. The parties must inform the parties if it proposes to acquire movie theater assets in those markets over the next 10 years.
Cox ex rel. Michigan v. Home City Ice, No. 10-1080-CP (30th Jud. Dist. Ingham Cty. 2010)
After companies pleaded guilty to federal criminal price-fixing, Michigan alleged that between 2001 and 2007 Arctic Glacier and Home City Ice conspired to reduce competition between the two ice manufacturers in the southeast Michigan market. The companies allocated geographic territories and customers between themselves, lessening competition and potentially resulting in higher prices
for consumers. The companies agreed to pay $740,000 ($350,000 from Arctic Glacier and $390,000 from Home City) in the form of penalties.
Cox ex rel. Michigan v. Arctic Glacier Int’l, No. 10-1050-CP (30th Jud. Cir. Ingham Cty. 2010)
After companies pleaded guilty to federal criminal price-fixing, Michigan alleged that between 2001 and 2007 Arctic Glacier and Home City Ice conspired to reduce competition between the two ice manufacturers in the southeast Michigan market. The companies allocated geographic territories and customers between themselves, lessening competition and potentially resulting in higher prices
for consumers. The companies agreed to pay $740,000 ($350,000 from Arctic Glacier and $390,000 from Home City) in the form of penalties.
Florida v. Coca Cola Bottling Company of Miami, Inc., No. CL90-723-AA (15th Jud.Cir.Palm Beach County, 1991)
Florida sought damages and injunctive relief, alleging that The Pepsi-Cola Bottling Company of Ft. Lauderdale/Palm Beach, Inc. (Pepsi) conspired with the Coca Cola Bottling Company of Miami, Inc. (Coke) to establish a floor for wholesale prices of some soft drink products sold in Broward, Palm Beach, and Martin Counties, Florida.
Washington v. AU Optronics, No. 10-2-29164-4 (Super. Ct., King Cty., 2010)
Plaintiff state filed an antitrust action against several major technology companies for illegally fixing prices for liquid crystal display (“LCD”) screens used in computers, televisions, and cell phones. The lawsuit seeks to recover damages suffered from 1998 to 2006 by Washington and other public purchasers that purchased computers and other goods containing the price-fixed screens. The suit seeks damages, restitution, and civil penalties on behalf of the state and as parens patriae for state consumers.
After decisions declining to allow the defendants to remove the cases to federal court under CAFA, and affirming the state’s jurisdiction over foreign corporations, the state reached settlements with the defendants totalling $63 million. Defendants also agreed to future monitoring and to implementing antitrust compliance programs.
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 the Matter of A Plus Driving School and Peter Schmirler, No. 10-C-04 (Wis. Dept. of Ag. Trade and Cons. Prot. 2010)
The Attorney General’s office became involved in this case after a confidential tip that Mr. Schmirler had attempted to fix prices with his rivals. After an investigation by the Division of Criminal Investigation, the case was brought as an administrative action before the Department of Agriculture,
Trade and Consumer Protection. The parties reached an agreement, embodied in a Special Order that requires Schmirler and A-Plus to refrain from unfair trade practices, including attempts to fix prices, allocate territory or threaten rivals with predatory pricing for five years.
U.S. and Idaho v. Idaho Orthopaedic Society, No. 10-268 (D. Idaho, May 28, 2010)
Plaintiffs alleged that orthopedic doctors gained more favorable fees and contractual terms by agreeing to coordinate their actions, including denying medical care to injured workers covered by the State Insurance Fund and patients covered by Blue Cross. The settlement prevents the orthopedists from agreeing with their competitors on fees and contract terms. The settlement also prohibits the settling orthopedists from collectively denying medical care to patients, refusing to deal with any payor, or threatening to terminate any contract with a payor.
U.S., Illinois, Colorado and Indiana v. AMC Entertaininment Holdings, No. 10-cv00846 (D.D.C. 2010)
AMC, a movie theater chain operates 304 U.S. theaters housing 4,574 screens, most
of which are located in megaplexes operates Kerasotes ShowPlace Theatres operates 96 movie theaters with 973 screens in the United States, mostly in the Midwest. USDOJ and the plaintiff states challenged the acquisition of Kerasotes by AMC on the grounds that it would reduce competition in markets in Colorado, Illinois and Indiana. To resolve the case, AMC agreed to divest eight theaters–four in Illinois, two in Colorado and two in Indiana.
Oregon ex rel. Kroger v. Kumar, No. 0903806CV, (Or. Cir. Ct., Klamath Cty. Feb. 5, 2010)
Defendants owned a retail market that sells fuel. State alleged that the defendants used threats and intimidation to seek to fix the price of gas at Ray’s Market and Klamath River Gas, a nearby station. State also alleged violations of its consumer protection act because the advertised price of gas was less than what was charged at the pump. Defendants were enjoined from future violations and paid $5,000, which the state agreed to accept in lieu of the $25,000 award.
