People v. Greg Hensley; Illinois ex rel. Ryan v. Hensley, 2000-1 Trade cas. (CCH) 72,772 (Ill. Cir. Ct. 2000)
The Illinois Attorney General brought a price-fixing case against the owners of six auto repair shops. Five owners settled, and the sixth owner was found liable at trial.
Connecticut v. Marsh & McLennan Companies et al., , No. X05-CV-05-4004360-S (Ct. Super. Ct. 2009)
Plaintiff state originially sued insurance carrier ACE, alleging kickbacks from ACE to Marsh. See In the Matter of ACE Ltd. and ACE Group Holdings, Inc. The state later expanded the lawsuit against Marsh, alleging that, when Marsh customers wanted to purchase insurance or renew insurance they already had, Marsh brokers frequently decided which insurer should be given the business and at what price. Marsh’s quote for insurance was typically a substantial increase — as much as 15 to 20 percent — over the previous year’s price.
Florida v. Abbott Laboratories and Geneva Pharmaceuticals, Inc.
The brand name maker of the prescription drug Hytrin, Abbott, entered into an agreement with Geneva to keep Geneva’s generic version of Hytrin off the market. Geneva was paid a substantial amount of money by Abbott while Abbott continued to collect monopoly profits on its name brand drug. Because of federal regulatory system for new generic entry, Geneva effectively blocked the entry of other generic drug makers. The matter settled in conjunction with MDL litigation.
Smith Food & Drug Centers, Inc. Settlement Agreement
Smiths Food & Drug Centers, Inc. exited California market and sought antitrust review of proposed sales of supermarket sites to other supermarket operators. The sale of 18 stores to various supermarket operators were approved. Smiths? agreed to obtain prior approval or provide prior notice of future sales of sites to supermarket operators for a period of 5 years.
People v. Omnimed Medical Services, et al
Supplier of radiology services offered to divide markets with radiologist who was bidding on contracts to supply radiology services to California prisons.
California ex rel. Lockyer v. Safeway371 F. Supp. 2d 1179 (C.D. Cal. 2005)
Challenge to a revenue sharing plan by four supermarket employers to share revenues based on fixed market share and fixed profit percentage during and after a labor dispute involving three of these employers.
California, Nevada, New Mexico v. Albertson’s, Inc., and American Stores Company
Federal Trade Commission (FTC) and the Plaintiff States sought to enjoin the merger between Albertson’s Inc. (Albertson’s) and American Stores Company (American Stores), alleging that the merger would substantially impair competition in the supermarket industry and could result in price increases and decreases in the quality and selection of food, groceries and
services.
California v. Quality Food Centers, 98 CV 01101 (C.D. Cal. Feb. 19, 1998)
Challenge to proposed merger involving Ralphs Grocery Company (owning both Ralphs Markets and Food 4 Less markets) and Hughes Markets. Case settled by divestiture of 19 stores in 7 areas in southern California.
California ex rel. Becerra v. Sutter Health, No. 18-565398
State sued Sutter Health, the largest hospital system in northern California, alleging that Sutter engaged in anticompetitive behavior in violation of the Cartwright Act by 1) establishing, increasing and maintaining Sutter’s power to control prices and exclude competition; 2) foreclosing price competition by Sutter’s competitors; and 3) enabling Sutter to impose prices for hospital healthcare services and ancillary products that far exceed the prices it would have been able to charge in an unconstrained, competitive market. The complaint alleges that Sutter did this by: Preventing insurance companies from negotiating with it on anything other than “all or nothing†system-wide basis, requiring health insurers under the terms of contract with Sutter Health to negotiate with all the Sutter Health system or face termination of their contract; Preventing insurance companies from giving consumers more low-cost health plan options, for example, charging a $200 out-of-pocket cost for an outpatient surgery performed by a facility outside of the preferred group and $100 for outpatient surgery performed by a facility inside the preferred group; Setting excessively high out-of-network rates for patients who must seek care outside of their provider network; Restricting publication of provider cost information and rates. The complaint alleged three causes of action under the Cartwright Act: price tampering and fixing; unreasonable restraint of trade; and combination to monopolize. The state sought injunctive relief, disgorgement and attroneys fees.
