West Virginia ex rel. Morrisey v. CRH, PLC, No. 17-C-41 (Cir. Ct. Kanawha Cty. Jan. 11, 2017)

CRH, PLC, through its subsidiary Oldcastle, is the largest producer of asphalt and the third-largest producer of aggregate in the U.S. the complaint alleges that through a series of acquisitions and anticompetitive actions, CRH has effectively exercised significant market power in West Virginia aggregate and asphalt markets. The conduct alleged includes inducing boycotts against competitors, threatening to put new competitors out of business; mandating statewide covenants not to compete for up to 10 years from competitors. The state alleged that CRH’s conduct has significantly increased prices for state road paving contracts in the three markets in the state between 2010 and 2014. the complaint included counts of violations of W.Va. Code 47-18-3 (restraint of trade); W.Va. Code 47-18-4 (monopolization and attempt to monopolize) and unjust enrichment. the complaint seeks injunctive relief, treble damages, disgorgement and restitution, divestiture; civil penalties and costs,

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In the Matter of USI Consulting Group

State alleged kickback scheme by pension plan broker, who was paid by insurers for access to potential business. Broker agreed to injunctive relief changing its practices and $470,000.

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Pennsylvania v. ACE Limited

Plaintiff state reached a settlement with ACE Limited in connection with ACE’s involvement with other insurers and brokers in a scheme to rig bids for excess casualty insurance. These illegal business practices occurred between 2000 and early 2004. In addition to the bid-rigging tactics, ACE also paid “contingent commissions,” which are payments that insurers pay to brokers and agents in addition to their base commissions. In exchange for the “contingent commissions,” brokers agreed to steer policies for excess casualty to ACE and increased premiums on existing policies. The agreement requires ACE to reform its business practices. Ace will now disclose to any client, who asks how much it is paying in compensation to a broker or non-exclusive agent on that client’s insurance business and will etablish a toll-free telephone number that policyholders can request disclosure of compensation information.

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Connecticut v. B-G Mechanical Services

State settled allegations of bid-rigging in the market for HVAC services for municipal and private business customers.

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