In the Matter of the Investigation of Compulink Technologies, Inc.Assurance No. 17-137 (July 28, 2017)
Defendants are providers of GovDelivery, a cloud-based digital communications solution. New York State government entities issued RFPs seeking bids for GovDelivery solutions. Compulink submitted bids. In order to provide the necessary number of bids for the procurement process in New York, Compulink arranged for Milenio, run by the wife of Compulink’s owner, and another bidder to submit bids at a higher price than Compulink’s. Compulink was awarded contracts as a result fo these sham bids. Although the bids were rigged, the investigation determined that the sham bids were submitted to satisfy the requirements for an expedited procurement process, rather than to secure higher prices. The parties agreed not to communicate with others concerning bids, not to hold themselves out as separate entities, and allow the AG to monitor their future conduct. They also paid $75,000 in civil penalties..Denise Arboleda, President of Milenio Technology, also pled guilty to failure to obey the command of a subpoena.
State of California ex rel. Becerra v. Watson Laboratories, Inc., No. 17-cv-00562 (N.D. Cal. Feb. 3, 2017)
Plaintiff state filed complaint alleging violations of the Sherman Act and California’s Cartwright Act. the complaint alleged an anticompetitive pay-for-delay agreement with respect to the Lidoderm pain relief patch. According to the complaint, Watson Pharmaceuticals Inc. colluded with its competitors and fixed the price of the generic version of the drug.
Watson, which subsequently was acquired by Teva Pharmaceutical Industries Ltd., allegedly agreed to settle a patent infringement suit with its competitor Endo Pharmaceuticals Inc., which was the only producer of the name-brand pain relief patch. Pursuant to the agreement, Endo agreed to allow Watson to sell branded Lidoderm at no cost, if Watson agreed to hold off on its release of a generic version of the drug. Then, when Watson released its generic version, Endo did not release its own generic version for nearly eight months, the suit claims.
According to the complaint, “The threat of generic entry to Lidoderm posed significant financial risks for the company,†and “Endo knew that generic competition would decimate its Lidoderm sales and that any delay in generic competition would be highly profitable for Endo, but very costly for consumers.â€
California settled with Endo for a $760,000 payment (not characterized as attorneys’ fees or civil penalties) and an eight-year injunction preventing future pay-for-delay conduct.
New Hampshire Snowmobile Associaiton (Assurance of Discontinuance)
The New Hampshire Snowmobile Association, entered into an agreement to resolve allegations of price fixing conduct, and related unfair method of competition and unfair or deceptive practices in facilitating and securing agreements from NHSA member clubs to set uniform club dues for club members when selling club memberships through NHSA’s online club membership sales portal, and in requiring consumers who use NHSA’s online club membership sales portal to also become individual NHSA members without sufficiently informing them of, or providing an option regarding, a dual membership purchase.
California v. Valero Energy Corp., No. C17-03786 (N.D. Cal. July 10, 2017)
Plaintiff state sought to enjoin proposed purchase by Valero of two petroleum storage and distribution terminals owned by Plains in Martinez and Richmond, California. The complaint has been filed under seal. The court denied the state’s request for a TRO, but held that the state had a likelihood of success on the merits. The parties abandoned the transaction.
Alaska v. Crowley Marine Services et al., No. 3AN-04-100 Civil. (Alaska Superior Court, 2005)
Alaska initiated an investigation of the merger between two companies providing barge-delivered petroleum products to western Alaska. A consent decree was reached between the parties that requires significant divestiture of vessels, storage facilities, and property to a qualified buyer approved by the state. The consent decreed was filed for approval in the Alaska Superior Court, and was approved in September, 2005 after a hearing to consider strong opposition from fuel customers in western Alaska.
FTC, Pennsylvania and D.C. v. Staples
Two office supply “superstore” chains sought to merge. The FTC, Pennsylvania and D.C. challenged the merger and were successful in obtaining an injunction. After the parties abandoned the merger, the states sought attorneys’ fees, which were denied by the court.
FTC and Plaintiff States (CA and DC) v. Draft Kings, No. 17-cv-01195 (D.D.C. 2017)
States and the FTC sued to block the merger of the two largest daily fantasy sports sites, alleging that the combined firm would control more than 90 percent of the US market for paid daily fantasy sports contests. Plaintiff states and the FTC allege that the defendants compete with each other on price and quality.
The State of California, et al. v. Samsung SDI, Co., Ltd., et al., Case No. CGC-11-515784, Calif. Superior Court, San Fran. Cty. Nov. 8, 2011
California sued makers of CRTs alleging they were part of a price-fixing scheme that resulted in overcharges in the price of products that contained CRTs, such as televisions and computer monitors. The alleged price fixing scheme occurred between March 1, 1995 and November 25, 2007. According to the complaint, the conspiracy involved top-level meetings of key executive decision-makers in Asia and Europe to set prices and outputs of CRTs. It also involved worldwide meetings among lower-level executives to exchange confidential information. The settlements, which were filed in San Francisco Superior Court, require all five companies to pay a total of $4.95 million to settle claims of overcharges paid by California government entities, general damages suffered by the State’s economy, and civil penalties. The settlements require that the companies pay back the illegally obtained profits to those affected by their actions. In addition, the settlements include injunctive relief, which requires that each company engage in company-wide antitrust compliance training and reporting that involves products in addition to CRTs and extends to foreign companies and subsidiaries. Finally, the settlements include requirements, enforceable by the court via fines and imprisonment, to prevent future violations of antitrust law. There was a parallel class action by indirect purchasers nationwide that was brought in federal court by private parties. The state worked with the private plaintiffs and a settlement agreement was reached, under which California consumers recovered damages.
Oregon ex rel. Rosenbloom v. LG Electronics, No. 120810246, (Ore. Cir. Ct., Multnomah Cty)
Oregon filed suit against cathode ray tube (CRT) manufacturers, alleging that they illegally agreed upon the pricing of CRTs. The Attorney General filed this action on behalf of the State of Oregon and Oregon natural persons, and sought restitution, civil penalties, disgorgement and injunctive relief.
Florida v. General Chemical Corp. No. 2:17-00384 (D.N.J. Jan. 19, 2017)
Plaintiff state filed action in federal court alleging market allocation and price-fixing among manufacturers of the chemical liquid aluminum sulfate, which is a coagulant used to remove impurities and other substances from water. It is used primarily by municipalities in wastewater treatment. There are high barriers to entry and substitution is difficult. There have been several USDOJ indictments in the industry. The complaint alleged that the defendants conspired to circumvent competitive bidding and independent pricing and to raise liquid aluminum sulfate prices by submitting artificially inflated bids in Florida from 1997 through at least February 2012. The state alleged that fraudulent concealment of the conspiracy tolled the statute of limitations.