FTC et al. v. Vyera Pharmaceuticals, No. 1:20-cv-00706 (S.D.N.Y. Apr. 19, 2020)

The FTC, New York and six other states filed suit against Vyera Pharmaceuticals and its former CEO, Martin Shkreli, alleging anticompetivie conduct in connection with Daraprim, the only FDA approved drug for the treatment of the life-threatening parasitic disease toxoplasmosis.  The suit alleges that Vyera purchases the unpatented and widely available drug in 2015 and…

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State of Wisconsin et al. v. Indivior, No. 16-5073 (E.D. Pa. Sept. 22,2016)

Plaintiff states alleged that the makers of Suboxone, a drug used to treat opioid addiction, engaged in a scheme to block generic competitors and raise prices. Specifically, they are conspiring to wtich Suboxone from a tablet version to a flim in order to prevent or delay generic entry. The states allege that the manufacturers engaged in “product hopping” in which a company makes slight changes to its product to extend patent protections and prvent generic alternatives. The complaint was filed under seal.

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FTC and North Dakota v. Sanford Health

The FTC and the state of North Dakota filed suit seeking to block Sanford Health’s proposed acquisition of Mid Dakota Clinic, alleging that the deal would violate antitrust law by significantly reducing competition for adult primary care physician services, pediatric services, obstetrics and gynecology services, and general surgery physician services in the greater Bismarck and Mandan metropolitan area. Sanford and Mid Dakota were each other’s closest rivals in the four-county Bismarck-Mandan region of North Dakota, and the merger would create a group of physicians with at least 75 to 85 percent share in the provision of adult primary care physician services, pediatric services, obstetrics and gynecology services. The district court granted the injunction. The Eighth Circuit Court of Appeals affirmed, and the parties abandoned the transaction.

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Commonwealth of Pennsyvlania v. Chesapeake Energy Corp, No. 2015IR0069 (Ct. Comm. Pleas, Bradford Cty, 2015)

State filed action in state court alleging market allocation agreement affecting leases for hydraulic fracturing on land in central Pennsylvania. The state alleged that the failure to disclose the agreement violated state consumer protection laws, and that the agreement itself violated Pennsylvania antitrust common law. After defendants argued that Pennsylvania has no state antitrust statute, the state filed an amended complaint which included claims of violations of the federal antitrust laws. Defendants sought removal.

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People of the State of California v. EBay, Inc., No. CV12-5874 (N.D. Cal. Nov. 16, 2012)

State filed suit (simultaneous with USDOJ suit) alleging EBay and Intuit agreed from 2008 to 2009 not to hire one another’s employees. This agreement, allegedly enforced at the highest levels in the companies, prevented employees from seeking positions at the other companies. USDOJ filed a separate suit, but California’s seeks to enforce California laws which contain stronger protections against anti-competitive conduct than federal law. California reached a settlement with eBay for approximately $4 million in restitution to employees, damages for harm to the state’s economy, and civil penalties

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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.

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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.

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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.

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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

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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.

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