Maine v. MaineHealth, No. BCD-CV-11-08 (Super. Ct. Cumberland Cty. Maine Jan. 13, 2012)
Health system sought to purchase two cardiology practice groups in the Portland Maine area and employ them at its Portland hospital. On two previous occasions, the practice groups had sought to merge and the Attorney General had disapproved the transaction. The parties agreed to a settlement with a number of injunctive provisions for a term of five years.
Ohio v. Cargill, Tuscarawas Cty Ct. of Common Pleas (Mar. 21, 2012)
State alleged that two rock salt producers had agreed to divide up the Ohio market for rock salt, assigning different contracts to the two different producers. State alleged that the defendants actively submitted sham losing bids, which also excluded other bidders because Ohio’s “Buy Ohio” provisions give a preference to Ohio companies if at least two Ohio producers submit bids.The parties settled in June 2015 with a payments totaling $11.5 million.
Texas et al. v. Penguin Group et al., No. 1:12-cv-03394-DLC (S.D.N.Y, Apr. 30, 2012)
TTexas and Connecticut led 33 state group that filed complaint charging three of the nation’s largest book publishers and Apple Inc. with colluding to fix the sales prices of electronic books. The States undertook a two-year investigation into allegations that the defendants conspired to raise e-book prices. Retailers had long sold e-books through a traditional wholesale distribution model, under which retailers, not publishers, set e-book sales prices. The states alleged that Penguin, Simon & Schuster and Macmillan conspired with other publishers and Apple to artificially raise prices by imposing a distribution model in which the publishers set the prices for bestsellers at $12.99 and $14.99. When Apple prepared to enter the e-book market, the publishers and Apple agreed to adopt an agency distribution model as a mechanism to allow them to fix prices. To enforce their price-fixing scheme, the publishers and Apple relied on contract terms that forced all e-book outlets to sell their products at the same price. Because the publishers agreed to use the same prices, retail price competition was eliminated. According to the States’ enforcement action, the coordinated agreement to fix prices resulted in e-book customers paying more than $100 million in overcharges. The States’ antitrust action seeks injunctive relief, damages for customers who paid artificially inflated prices for e-books and civil penalties. Case was filed in W.D. Tex., transferred to S.D.N.Y. as consolidated case. The States reached settlements with the five publishers, which granted E-book outlets greater freedom to reduce the prices of their E-book titles. Consumers nationwide received a total of $164 million in compensation. After entering into settlement agreement with all the Defendant publishers, DOJ and the states had a nearly 3 week trial against Apple in June 2013, during which numerous witnesses took the stand. On July 10, 2013, a decision was handed down in favor of the U.S. Department of Justice and the states against Apple. Trial of the damages phase is pending. United States et al. v. Apple, Inc., 12-CV-2826 (S.D.N.Y.).
Pennsylvania v. Geisinger Medical Center, No. 344 MD 2011 (Pa. Comm. Ct. July 26, 2011)
State challenged merger on the grounds that it could lessen competition for primary or secondary acute care hospital services sold to Medicare plans and primary and non-tertiary physician services in Northumberland County, PA.
In the Matter of McSam Management (July 5, 2011)
State reached a settlement with two hotel
owners and a hotel management company to end their practice of “call-arounds.” According to the state, call-arounds allowed competing
hotels in close proximity to exchange sensitive competitor information at least once a day about occupancy and current room rates that may be used to fix rates for hotel rooms. Owners of Holiday Inn Express and Homewood Suites in two Connecticut cities agreed to stop sharing information and to pay $50,000 civil fine.
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.
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.
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.
State of Nevada v. Universal Health Services, Inc., Alan B. Miller, and Psychiatric Solutions, Inc., No. 2:10-cv-01984 (D.Nev. 2010)
Sate and FTC reached settlement requiring divestitures of several acute-care inpatient psychiatric hospitals in the Las Vegas area.
