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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Maryland v. SmithKline Beecham Corp., No. 2:06-cv-01298-JP (E.D.Pa Mar. 27, 2006)

States sued manufacturer of antitdepressant Paxil, alleging patent misuse and sham litigation designed to prevent generic entry. Parties settled for $14 million.

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Utah v. Stericycle, Inc. (Civ. No. 2:03 CV 49) (D.Utah 2003)

State of Utah alleged Stericycle and BFI Waste Systems of North America colluded to allocate markets and customers in Utah, Colorado, and Arizona

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California ex. rel. Lockyer v. The Vons Companies, Inc. (C.D. Cal CV 05-8972 DSF January 03, 2006).

Vons allegedly monopolized the grocery store market for the City of Avalon on Santa Catalina Island, 26 miles from Los Angeles six years ago by accepting and later renewing a lease from Santa Catalina Island Company on a grocery store site when Vons owned and operated the only other grocery store in town. The Consent Decree required the divestiture of the lease to a new tenant and imposed ongoing obligations relating to both the store owned by Vons as well as the store leased by Vons from Santa Catalina Island Company.

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Utah v. Oldcastle, Inc. (Civ. No. 2:02CV0516J (D.Utah 2002)

State of Utah sought to enjoin Oldcastle from purchsing major competitor, U.S. Aggregates, alleging the merger would tend to create a monopoly and potentially result in higher asphalt prices along the Wasatch Front in Utah

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Utah v. Gemstone Properties, Inc., (Case No. 2004-001-0364 (Settlement Agreement)

State investigated developer of subdivision which attempted to retain the exclusive right to control the designation of any licensed real estate broker for re-sale for homes within the subdivision.

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Utah v. Nucor Corp. et al. Civ. No. 2:01 CV 0106G (D.Utah 2001)

State of Utah sought to enjoin the acquisition by GS Insudstries, GST Steel or Moly-Cop Chile (together, GSI) of Nucor’s North American Grinding ball manufacturing assets in order to prevent the elimination of GSI’s only competitor in North America. In 2002, Kennecott Utah Copper, a user of large grinding balls joined the State in this action.

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R & D Business Systems, et al vs. Xerox Corp. (Texas as intervenor) Civ.No. 2:92-CV-042, U.S. District Court for the Eastern District of Texas, Marshall Division

State of Texas intervened in previously filed private suit, alleging Xerox attempted to monopolize, tied parts to service and organized group boycott

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Missouri ex rel. Nixon v. United Telephone Company of Missouri, 1996-1 Trade Cas. (CCH) 71,234 (U.S. Dist. Ct., W.D. Mo. 1995)

State brought action to prevent incumbent telephone company from monopolizing market for the provision of inside wire maintenance services, a market that was deregulated by the Federal Communications Commission.

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