State of California v. T.Rad Co. Ltd., No. 2:16-cv-13199 (E.D. Mich. Sept. 6, 2016)

California filed a complaint and settled with T.Rad Co, a maker of automobile radiators and automatic transmission fluid warmers, alleging that the company rigged bids and fixed the prices of its parts from at least 2002 to 2010. California received $162,500 in damages and attorneys fees and Florida received $81,250.T.RAD agreed to cooperate with the states by providing documents and information related to the investigations into the price fixing conspiracy.

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In re Societe Generale S.A., Agreement

Plaintiff states entered into settlement agreement with Societe Generale for fraudulent and anticompetitive conduct in municipal bond derivative transactions with state and local government entities and nonprofits across the country. Societe Generale agreed to pay $26,750,000 as part of a coordinated 22-state and private class settlement. Pursuant to the settlement, this money will mostly be applied to restitution for municipalities, counties, government agencies, school districts and nonprofits that the states allege were harmed when they entered into municipal derivatives contracts with Societe Generale. In 2008, plaintiff states, in parallel with the U.S. Department of Justice and federal regulatory agencies, began their investigation of the municipal bond derivatives market. In these markets, tax exempt entities such as municipalities, school districts, and nonprofit organizations issue municipal bonds and reinvest the proceeds until the funds are needed or enter into contracts to hedge interest rate risk. These investigations revealed anticompetitive and fraudulent conduct involving individuals at a number of large financial institutions, including Societe Generale, and certain brokers with whom they had worked. Certain Societe Generale employees and their counterparts at other institutions rigged bids, submitted noncompetitive courtesy bids and fraudulent certificates of arms-length bidding to government agencies. The misconduct led local and state governments, as well as nonprofits, to enter into municipal derivatives contracts on less advantageous terms than they would have otherwise. Societe Generale agreed to pay $25.1 million into a settlement fund to provide restitution for injured parties and $1.4 million to the attorneys general as an additional payment. Societe Generale also agreed not to submit non-competitive bids or refrain from bidding on, or coordinate the preparation of bids for municipal derivatives and to cooperate with ongoing investigations.

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Maryland et al. v. Perrigo Company, No. 1:04CV01398 (D.D.C. Aug. 17, 2004)

The FTC and states alleged that the companies had entered into a “pay-for-delay” arrangement, whereby Perrigo paid Alpharma to withdraw its generic version from the market for Children’t ibuprofen.According to the complaint, in June 1998, Perrigo and Alpharma signed an agreement allocating to Perrigo the sale of OTC children’s liquid ibuprofen for seven years. In exchange for agreeing not to compete, Alpharma received an up-front payment and a royalty on Perrigo’s sales of children’s liquid ibuprofen. The FTC received $6.25 million to compensate injured consumers. The states received $1.5 million in lieu of civil penalties. the parties were enjoined from future agreements.

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In re DDAVP Antitrust Litigation

33 states investigated “pay for delay” allegations relating to DDAVP, a drug used to alleviate bed-wetting. States alleged that Aventis, holder of the patent for the medication, engaged in a scheme to delay the regulatory approval and sale of a generic version of DDAVP, in violation of state and federal antitrust law. States and defendants entered into a settlement under which states received $3.45 million, not as a civil penalty and defendants did not admit guilt.

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Attorney General of Florida v. ASAP Meds No. 04-16032 (09) (Fl. Cir. Ct., Broward Cty. Oct. 27 2004)

State brought price-gouging action against distributor of flu vaccine during a flu vaccine shortage. The distributor’s prices were allegedly 1000 percent of the actual price of the vaccine. Defendant agreed to consent order enjoining it from sales of the vaccine and turned its supply of vaccine over to the Florida Department of Health. Several months later, the state and the defendant entered into a settlement under which the defendant agreed to refrain from intentionally making false statements to consumers relating to how much of a given drug is in stock, how quickly it is being sold and how long the current supply will last. In addition, the company paid $150,000 for a training and educational program for at-risk youth and $71,000 to be used to assist pharmacies that were affected by Meds-Stat’s activities.

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California v. Infineon Technologies

33 Plaintiff States generally alleged a horizontal price-fixing conspiracy in the U.S.
market for dynamic random access memory (“DRAM”), carried out by numerous manufacturer defendants. Samsung an
another company, Winbond, reached settlement for $113 million in 2007.. States and private parties settled with the remaining defendants for $173 million and injunctive relief.

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In re UnitedHealth Group Incorporated and Sierra Health Services, Inc.

Coordinated US DOJ and Nevada Attorney General investigations of health insurance merger, results in separate settlements filed in separate courts. Both settlements require divestiture of business division, yet Nevada Attorney General provides additional relief.

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In re Prudential Settlement

Prudential agreed to eliminate the payment of contingent commissions to brokers on group insurance products and provide full disclosure of broker compensation to employers who seek to purchase insurance for their employees through Prudential. Prudential will also provide restitution of $16.5 million to policyholders and pay civil penalties totaling $2.5 million.

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In re Healthcare Research and Development Institute LLC

Investigation led by CT AG into certain anticompetitive behavior carried out by HRDI in the healthcare service and supply industry and the use of undue and improper influence in the healthcare purchasing process. HRDI agreed to dissolve, but it is permitted to reorganize with only health care executives as members. HRDI also must pay Connecticut $150,000.

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In the Matter of GlaxoSmithKline, PLC (Augmentin)

States alleged that GlaxoSmithKline fraudulently obtained patent protection for Augmentin and then delayed generic entry through sham patent litigation. Through this conduct, GlaxoSmithKline unlawfully maintained its monopoly over Augmentin. A $3.5 million multistate settlement for state proprietary claims was entered into by the participating states and GlaxoSmithKline.

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