FTC et al. v. Vyera Pharmaceuticals, No. 1:20-cv-00706 (S.D.N.Y. Apr. 19, 2020)

The FTC, New York and six other states filed suit against Vyera Pharmaceuticals and its former CEO, Martin Shkreli, alleging anticompetivie conduct in connection with Daraprim, the only FDA approved drug for the treatment of the life-threatening parasitic disease toxoplasmosis.  The suit alleges that Vyera purchases the unpatented and widely available drug in 2015 and…

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Florida v. Service Corp. International, In re Service Corp. International, FTC File No. 981-353 (1/15/99)

As part of a negotiated consent decree, the State of Florida and the Federal Trade Commission (FTC) sought to enjoin the proposed merger between Services Corp. International (SCI) and Equity Corp. International (ECI), alleging that the merger would substantially impair competition among funeral home or cemetery establishments in 14 local markets.

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In the Matter of GlaxoSmithKline, PLC (Augmentin)

States alleged that GlaxoSmithKline fraudulently obtained patent protection for Augmentin and then delayed generic entry through sham patent litigation. Through this conduct, GlaxoSmithKline unlawfully maintained its monopoly over Augmentin. A $3.5 million multistate settlement for state proprietary claims was entered into by the participating states and GlaxoSmithKline.

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Florida v. El Paso Energy Corporation And the Coastal Corporation, In re El Paso Energy Corp., FTC File No. 001-0086, 1/29/01

As part of a negotiated consent decree, the State of Florida and the Federal Trade Commission sought to enjoin the proposed merger between El Paso Energy Corp. (El Paso) and Coastal Corp. (Coastal)., alleging that the acquisition of Coastal by El Paso would substantially impair competition and would potentially forestall new competition for the transportation of natural gas in the state.

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In Re Relafen Antitrust Litigation

States sued manufacturer of antidepressant Relafen, alleging patent misuse and sham litigation designed to prevent generic entry. Parties settled the state proprietary claims for $10 million.

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U.S. and Florida v. Barnett Banks, Inc. and First Florida Bank, Inc. (1992)

As part of a negotiated joint consent decree with the U.S. Department of Justice (DOJ), the State of Florida sought to enjoin the merger between Barnett Banks, Inc. (Barnett) and First Florida Bank, Inc. (First Florida), alleging that the proposed merger would result in less competition in the financial institution industry.

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U.S. and Florida v. NationsBank, Inc. and Barnett Bank, Inc.

As part of a negotiated joint consent decree with the U.S. Department of Justice (DOJ), the State of Florida sought to enjoin the merger between NationsBank, Inc. (NationsBank) and Barnett Bank, Inc. (Barnett), alleging that the merger would substantially impair competition in the banking industry.

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Maine v. Trainor, No. CV-87-260 (Kennebec Super. Ct. July 1987)

State’s complaint alleged conspiracy to monopolize ownership and control of commercial solid waste landfills in the state and violation so fsecurities laws by an entierprise engaged in development, ownership and control of commercial solid waste landfills.

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State v. Eastern Ambulance Service, Inc., Index No. 83-2613 (N.Y. Sup. Ct., Onondaga County)

Defendants engaged in a conspiracy to monopolize the ambulance service provider market. Eastern Ambulance Service agreed to stop providing private wheelchair transportation services. In return, Tender Loving Care Medical Transportation Services, Inc. (TLC) agreed to withdraw from the ambulance service market. The case settled for $35,000.

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New York v. Transit Mix Concrete Corp. 84 Civ. 4194 (S.D.N.Y.)

Ready-mix concrete producers and sellers in New York County and the surrounding four-county area combined in such a way as to eliminate all competition in the market.

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