Taxol Settlement
Cardizem Settlement
National CD Settlement
Salton (George Foreman Grill) Settlement
Mylan Settlement
BuSpar Settlement
Vitamins Settlement
Nine West Settlement
Toys “R” Us Settlement
Taxol Settlement
Cancer patients who purchased the chemotherapy drug Taxol or paclitaxel in the past four years may be eligible to receive reimbursements for illegal overcharges. The reimbursements are part of an approximately $62.5 million national settlement of an antitrust lawsuit brought by 50 attorneys general against drug manufacturer Bristol-Myers Squibb. The suit alleged that Bristol-Myers Squibb engaged in illegal patent activities that delayed the entry of lower priced generic versions of Taxol into the drug market. As a result, thousands of cancer patients paid inflated prices for chemotherapy. Taxol, which is also marketed under the generic name paclitaxel, is a late-stage cancer treatment used primarily to treat breast and ovarian cancer patients. It is also sometimes used to treat lung cancer and certain cancers caused by AIDS. Patients and family members of deceased patients who paid for part or all of their treatments with Taxol or its generic equivalents from January 1, 1999 through February 28, 2003 may be eligible to receive up to several hundred dollars depending on the amount they purchased and the number of claims filed. It is estimated that as many as 3,000 Washington patients may be eligible for reimbursements under the settlement. In addition to direct restitution, approximately $7.5 million in free Taxol will be provided to the states for use in the treatment of low income cancer patients. The deadline for submitting claim forms is February 29, 2004. For more information about the settlement and to obtain claims forms, go to www.taxolsettlement.com or call 1-800-659-7609.
Cardizem Settlement
An estimated 15,000 Washington residents who took the popular heart medication, Cardizem, or its generic equivalents may be eligible for some restitution under an $80 million nationwide settlement reached between the Attorneys General of all 50 states and two drug manufacturers.According to a lawsuit originally filed by 16 states, the drug companies Aventis conspired with Andrx -- the manufacturer of the cheaper, generic medication -- to keep the generic form of the drug off the market for at least a year. In return, Andrx received payments of about $90 million. Under the settlement, Aventis and Andrx are required to pay $80 million into a fund to compensate consumers, state agencies and insurance companies who overpaid for Cardizem CD and its generic equivalents between 1998 and 2002. The deadline for filing consumer claims has been extended to November 15, 2003. Claim registrations and complete information can be obtained at www.cardizemsettlement.com or by calling 1-800-372-2406.
National CD Settlement
In September 2002, Washington and other states settled a price-fixing lawsuit against major national music distributors and compact disc manufacturers. In the suit, state attorneys general accused distributors and music labels of engaging in a scheme to prevent some non-traditional music retailers—such as Best Buy, Circuit City and Target—from offering compact discs at deep discounts. The lawsuit specifically targeted "minimum advertising price," or MAP policies, in which distributors penalized retailers who offered discount-priced CDs. To enforce these policies, distributors withheld advertising reimbursements each time a retailer sold CDs at reduced rates. As a result, retailers were discouraged from offering discounts.
As part of the settlement, defendants agreed to pay a combination of cash payments totaling $67,375,000 to consumers, and $75,700,000 worth of CDs for use by non-profit, charitable, governmental or public entities. A total of 3.5 million people filed claims between December 2002 and a March 2003 deadline, including approximately 214,000 people in Washington state. Each consumer who submitted a valid claim by the deadline can expect to receive about $12. The court gave final approval to the settlement on May 22, 2003 and issued a final Order and Judgment in the case on July 9, 2003. Distribution of settlement proceeds was expected to take place later in the summer. However, several individuals whose objections to the settlement were denied by the court have since filed notices of appeal. Until those appeals are resolved, payments of valid claims cannot go forward. The attorneys general of the settling states are attempting to resolve these legal issues as soon as possible. For additional information, visit the National Compact Disc settlement website at http://www.musiccdsettlement.com.
Salton (George Foreman Grill) Settlement
As a result of an antitrust settlement reached in September 2002 with the manufacturer of a popular electric cooking grill, health and nutrition programs in Washington could receive as much as $200,000.
The money is part of an $8.2 million national settlement reached between Salton, Inc., maker of the George Foreman Grill, and 44 states, Puerto Rico and the District of Columbia.
After a two-year investigation, the states alleged that Salton illegally coerced retailers into fixing the price for Salton's George Foreman contact grills, and into excluding Salton's competitors from store shelves.
Under the settlement, Salton will pay $8 million in damages and $200,000 in investigative expenses. The process for establishing which charitable organizations receive the settlement money will be determined later. In the meantime, information about the settlement is available through the National Association of Attorneys General (NAAG) website.
Mylan Settlement
In June, 2003, the Attorney General's Office distributed $300,000 to health programs in Washington as part of the final distribution of Washington's share of the $100 million nationwide settlement reached with Mylan Laboratories, Inc. The litigation was about anti-competitive pricing policies for lorazepam and clorazepate, generic drugs frequently prescribed for anxiety.Non-profit organizations and government entities including, but not limited to state, county or municipal agencies in Washington State are invited to apply for an additional $75,000 available from the Mylan Settlement. Funds must be used in projects that provide direct services targeting the health care needs of consumers harmed by Mylan. In accordance with the Court’s order, “these funds are to be used in a manner reasonably targeted to specifically benefit the health care needs of a substantial number of the persons injured by the increased prices of lorazepam and/or clorazepate.” Applications must be submitted by Thursday, October 30, 2003. Recipients will be selected by the Community Foundation of South Puget Sound, a public non-profit foundation that manages charitable funds. For information about requirements and application procedures, contact The Community Foundation at 111 Market St NE, Suite 375, Olympia, WA 98501, or call Colleen Gillespie or Michael Smith at (360) 705-3340. Information is also available on their website, http://www.thecommunityfoundation.com.
BuSpar Settlement
The attorneys general of 50 states, Puerto Rico and the District of Columbia have reached a settlement agreement in an antitrust class action lawsuit against Bristol-Myers Squibb, the makers of BuSpar.The lawsuit contends that Bristol-Myers Squibb engaged in fraudulent conduct to prevent the entry of generic competitors and illegally maintain its monopoly in the U.S. over the sale of the drugs. BuSpar is a brand-name prescription medication used to treat patients suffering from Generalized Anxiety Disorder. According to the National Institute of Mental Health, approximately four million Americans suffer from the disorder each year. The settlement provides approximately $41.7 million to reimburse consumers some portion of alleged overcharges they may have incurred from purchasing BuSpar or buspirone HCI. Washington residents who purchased the anti-anxiety drug BuSpar, or its generic equivalent, during the period of January 1, 1998, through January 31, 2003, may qualify for some reimbursement. To file a claim, please go to the BuSpar settlement website at www.Busparsettlement.com. Claims can be submitted up to the deadline of October 10, 2003.
Vitamins Settlement
In October 2000 Washington and other states settled an antitrust lawsuit against several manufacturers of vitamins and vitamin products. The lawsuit accused the manufacturers of fixing prices of vitamins and vitamin products, allocating markets and agreeing not to compete with each other. In settling the allegations, defendants agreed to monetary payments for purchasers of affected products in each of the settling states. The case provided for two types of payments, one for commercial purchasers and one for consumers. A commercial claimant is one who is located in Washington, or bought vitamin products from someone located in Washington for resale, for incorporation into another product for resale, or for use in the manufacture of another product for resale. The other kind of payment was intended to compensate consumers who paid more for food products. Approximately $5.8 million was returned to individual Washington purchasers through distribution to charitable organizations or political subdivisions for the benefit of human health or nutrition, and/or nutritional or dietary agricultural science. The money was distributed in the spring of 2002. A committee comprised of people experienced in health, nutrition and agricultural science selected successful applicants for the money.
Nine West Settlement
The attorneys general of 50 states, Washington, D.C. and five territories reached a $34 million settlement with New York shoe manufacturer Nine West Inc. over allegations of price-fixing. Washington's share of the settlement was approximately $633,000. The settlement agreement required that the funds be used for women's health, educational, vocational and safety programs. To help decide how to distribute the money, the Washington AGO appointed a Settlement Distribution Committee comprised of eight community and business leaders from across the state. The committee judged applications and on March 13, 2001 Washington's share was distributed to 22 organizations statewide.
Background
The states alleged Nine West Group entered into illegal agreements with shoe retailers to fix the price of women's shoes between January of 1988 and July of 1999. Working with the Federal Trade Commission, the attorneys general uncovered evidence that various Nine West divisions, including Easy Spirit, Enzo Angiolini, and Nine West, prohibited retailers from discounting certain shoes. The lawsuit claimed that Nine West's illegal price-fixing included occasions when the manufacturer distributed lists of shoes that could not be discounted by retailers outside time periods dictated by Nine West. The group told many retailers that the purpose of the policy was to protect them from competition. In order to enforce the policies, Nine West allegedly granted discounts to cooperating retailers and withheld discounts or threatened to cancel or refuse to take orders from uncooperative companies.
Settlement Agreement
Under terms of the settlement, Nine West Group did not admit liability or wrongdoing and agreed to:
Refrain from agreements or business practices during the next five years that influence or control the price retailers choose to sell Nine West products;
Notify each of its dealers and retailers that they have a right to independently determine the price at which they advertise and sell Nine West products;
Create a $34 million settlement fund, including $3.5 million to reimburse the states for attorneys' fees, investigative costs, and publication and notice costs. The remaining $30.5 million to be divided, by population, among the states participating in the agreement.
Toys "R" Us Settlement
On Dec. 9, 1998, Washington and 44 other states, plus Washington, D.C. and Puerto Rico, settled an antitrust lawsuit against the nation's largest toy retailer, Toys "R" Us and major toy manufacturers Hasbro, Mattel and Little Tikes. Washington's share of the settlement was approximately $275,000. The Attorney General's office distributed the money to programs that benefit children throughout Washington State.
Background
The states alleged that Toys "R" Us and toy manufacturers violated antitrust laws by agreeing to cut off or limit supplies of popular toys to warehouse clubs and low margin outlets that sold the toys at prices lower than those at Toys "R" Us. The complaint alleged Toys "R" Us attempted to limit competition by using its market power to obtain agreements with toy manufacturers to limit the sale of certain toys to clubs or to sell these toys in "combination packs." Selling the toys in this manner ensured that consumers could not easily compare the retail prices charged by the clubs to the prices charged by Toys "R" Us.
Pursuant to the terms of the settlements, defendant Toys "R" Us paid $40.5 million in cash and toys. Mattel, the nation's largest toy manufacturer, paid $8.2 million in cash and toys and the Little Tikes Company paid cash and toys totaling $1.3 million. Toy manufacturer Hasbro, also a defendant in this lawsuit, paid $5.9 million in cash and toys. As part of the settlements, the defendants admitted no wrongdoing.
The Antitrust Division administered an application process to ensure the distribution of Washington's share of the settlement funds conformed to the settlement agreement. The applications were judged by a Distribution Selection Committee appointed by the Washington Attorney General and comprised of community and business leaders throughout the state. The committee reviewed nearly 300 applications and on Sept. 28, 2000, the funds were distributed to 27 different programs benefiting the children of Washington State.
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