Connecticut v. Galante, No. X04-HHD-CV-09-5033841-S (Ct. Super. Ct. Hartford, April 11, 2011)
In 2009, Connecticut sued James E. Galante, former owner of waste disposal companies operating in the Dan bury area, for alleged violations of the Connecticut Unfair Trade Practices Act and the Connecticut Antitrust Act. The lawsuit alleged that in 2002 and 2004, Galante ordered his employees at AWD and Thomas to raise prices by 10 percent for certain commercial customers under the false representation that they were mandatory increases for disposal-site costs. The lawsuit also alleged two incidents of bid-rigging by American Disposal Services of Connecticut, another Galante-owned company, in attempts to secure waste-hauling contracts. Under terms of the settlement, the state received $600,000 to be distributed to an estimated 500 commercial customers of Galante’s former companies: Automated Waste Disposal, Inc. and Thomas Refuse Services Inc.The settlement was timed to the federal government’s sale of these and other companies forfeited by Galante as part of his 2008 guilty plea to federal racketeering conspiracy, conspiracy to defraud the Internal Revenue Service and wire-fraud conspiracy for his role in orchestrating a scheme to drive up trash-removal prices.
Hawaii v. ACE Holdings, Inc., No. 07-1-2015-10 (Cir. Ct. 1st Cir. Hawaii, Oct. 25, 2007)
Consent decrees filed by states in state court required $4.5 million payment and conduct relief to remedy alleged bid-rigging and false insurance quotes, as well as payment of secret “contingent commissions” to brokers.
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.
U.S. and Texas v. United Regional Healthcare System, No. 7:11-cv-00030 (N.D.Tex. Feb. 25, 2011)
USDOJ and Texas reached a settlement with United Regional Health Care System of Wichita Falls, Texas, that prohibits it from entering into contracts that improperly inhibit commercial health insurers from contracting with United Regional’s competitors. Plaintiffs alleged that United Regional unlawfully used these contracts to maintain its monopoly for hospital services in violation of Section 2 of the Sherman Act.
Pennsylvania v. Twin Ponds, Inc., No. 2010-CV-11677 (Ct. Comm. Pleas, Dauphin Cty Penn. Sept. 10, 2010)
Two ice skating rinks operated in the Harrisburg Pennsylvania area. The owners entered into an agreement under which one ice house would melt its ice and provide only indoor roller skating and indoor soccer services. State filed suit, charging market allocation and violation of the prohibition against monopolies. Settlement included permanent injunction voiding market allocation agreement and restrictive covenant that prevented property from being used as a skating rink. Defendants paid $65,000, to be used as a settlement fund to support youth hockey in Dauphin County and to reimburse the state for its costs.
People of the State of California v. Bioelements, Inc.
State sued and entered into settlement with Bioelements, a maker of “cosmeceuticals” for skin care. Bioelements had entered into agreements with retailers fixing the prices at which Bioelements products could be sold on the Internet. Settlement enjoined the conduct and Bioelements paid $51,000 in civil penalties and attorneys fees.
People of the State of California v. AU Optronics Corp., No. CGC-10-504651 (Super. Ct. San. Fran. 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.
State ex rel. Cooper v. McBarnette, No. 10 CV 020647 (N.C. Super Ct. Wake County, Dec. 21. 2010)
State sued defendant and his company for agreeing not to bid at auctions of foreclosed properties, after being paid by other bidders. Defendant was enjoined from further participation in real estate auctions, paid fines to the state and restitution to the property owners.
United States and Plaintiff States v. Comcast Corp., No. 1:11-cv-00106 (D.D.C., Jan. 18, 2011)
USDOJ and five states challenged the joint venture between Comcast and NBC Universal, alleging that it would harm competition in cable programming, with Comcast controlling NBC and NBCU programming. The parties reached a settlement, and the FCC also reached a separate settlement with Comcast and NBC. The settlements impose a number of restrictions and limitations on the merger to ensure that competing distributors have fair access to NBC and NBCU content. The settlements also address several areas of the joint venture’s operations. The DOJ and states’ settlement particularly focuses on requiring Comcast/NBC to make content available to online video distributors; requires NBC to relinquish all management rights in connection with Hulu.com, a popular video website; and prohibits Comcast from retaliating against content providers who sell to online distributors, entering into exclusive agreements that might limit access to programs, and slowing broadband signals when broadband customers view non-Comcast content.
IN the matter of Wachovia
Wachovia and its successor, Wells Fargo, settled charges by 25 states and several federal agencies (the Securities and Exchange Commission (SEC), the Office of the Comptroller of the Currency (OCC), the Internal Revenue Service (IRS) and the Federal Reserve) that it participated in a nationwide scheme to allegedly rig bids and engage in other anticompetitive conduct relating to municipal bond derivatives that defrauded state agencies, local governmental entities and not-for-profit entities. The multistate settlement is part of a $148 million settlement Bank of America entered into simultaneously with the federal agencies.
