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.
U.S. and Michigan v. Blue Cross Blue Shield of Michigan, 10-14155 (E.D.Mich. 2013)
USDOJ and plaintiff state challenged the use by Blue Cross/BlueShield of Michigan of Most Favored Nation clauses, alleging that their power in the market, combined with these clauses, violated state and federal antitrust law by stifling competition, leading to higher costs, and preventing new entry into the market. After the state legislature enacted a statute prohibiting health insurers from using most-favored-nation clauses in contracts with health care providers, USDOJ and Michigan dismissed the case.
United States, Wisconsin, Illinois and Michigan v. Dean Foods, Co. No. 10-C-0059 (E.D. Wisc. 2010)
States and USDOJ challenged already consummated acquisition by Dean Foods Co of Foremost Farms USA. Complaint alleged loss of competition in two markets: School milk contracts in Wisconsin and the upper peninsula of Michigan, and fluid milk sales in Illinois, Michigan and Wisconsin, because Dean and Foremost were the first and fourth largest sellers in those states. The settlement requires Dean to divest a significant milk processing plant in Waukesha, Wis., and related assets that it acquired from the Foremost Farms USA Cooperative, including the Golden Guernsey brand name. The settlement also requires that Dean notify USDOJ before it makes any future acquisition of milk processing plants for which the purchase price is more than $3 million. In addition, the attorney general for the state of Michigan filed a separate settlement which required Dean Foods to continue to bid on school milk contracts in the Upper Peninsula until 2016, and required that their bid be based either on a Cap Price which varies based on the price of raw milk, or a set price that does not vary.
Connecticut v. Amity Package, CV-84-228912 (Conn. Super Ct., New Haven Dist. 1984)
Association of retail liquor dealers were enjoined from jointly advertising various featured items at a uniform price.
Connecticut v. Serlin Group
Association of retail liquor dealers were enjoined from jointly advertising various featured items at a uniform price.
Connecticut v. Super Saver Liquor Outlets, No. CV-84-228911 (Conn. Super Ct., New Haven Dist.)
Association of retail liquor dealers were enjoined from jointly advertising various featured items at a uniform price.
Connecticut v. Danilow Pastry Co., Inc., No. CV 83-028-7470 (Conn. Super Ct., Hartford Dist. 1983)
Following USDOJ criminal investigation, wholesale bakeries were enjoined from fixing prices and exchanging prices of various baked goods. Conspiracy impacted Connecticut and New York market area.
Connecticut v. Auto-Time, No. CV-83-290265 (Conn. Super. Ct., Hartford Dist.1983)
The exclusive New England distributor of Seiko branded watches was enjoined from engaging in resale price maintenance, following complaints of dealer terminations
Texas v. Memorial Hermann Healthcare Systems, Inc., No. 2009-04609, 281st Judicial District Court, Harris County, Texas
State alleged that Memorial Hermann Healthcare System, the largest operator of hospitals in Houston, Texas, had driven a rival hospital out of business by coercing insurance plans to refuse to deal with the rival hospital. Parties reached a settlement under which Memorial Hermann would be bound for five years not to conspire or act in any way to further this type of boycott.
Maine v. Pike Industries, Inc.
Plaintiff state challenged merger of two aggregate and hot mix asphaltcompanies which would allegedly reduce competition for paving projects in southern Maine. Pke, the acquiring company, agreed to 1. Sell stone mined from its Westbrook Quarry in sizes appropriate for use in specified Maine governemtn projects to any firm intending to use the stone to produce hot mix for use in those projects for the next four years and at a price not to exceed the price it charged in 2006, adjusted annually; 2. Enter into an agreement (subject to AG involvement) permitting any firm performing a State of Maine Department of Transportation project to locate a portable hot mix plant into Pike’s Westbrook Facility also for the next four years;
3. Provide written notice to the Attorney General at least sixty (60) days prior to acquiring an ownership or controling interst in aggregate resources or hot mix asphalt
plants located in the State of Maine from firms engaged in the building and maintenance of roads; and pay $20,000 in investigative costs.
