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Endo (Trocars)

In re: Endosurgical Products Direct Purchaser Antitrust Litigation
SACV 05-8809 JVS (MLGx), Central District of California
March 2009

Hausfeld LLP serves as co-lead counsel for a class of direct purchasers of endosurgical products, including trocars and clip appliers. Plaintiffs allege that Defendants Johnson & Johnson, Johnson & Johnson Health Care Systems, Inc., Ethicon, Inc., and Ethicon Endo-Surgery, Inc. violated the antitrust laws by bundling endosurgical products with other products, i.e., penalizing customers that did not purchase high percentages of both sutures (a market that the defendants already dominated) and endosurgical products (a market in which they sought to exclude competition), couching these penalties in terms of foregone "rebates" or "discounts". Defendants also allegedly included anticompetitive provisions in their contracts with hospitals and group purchasing organizations.

On May 11, 2007, the Court granted final approval to a settlement under which Defendants will create a $13 million Settlement Fund, comply with certain requirements regarding bundled contracts, and pay the costs of notice and administration of the settlement.

If you have any questions regarding this litigation, please contact Brent W. Landau.

Further information about the Settlement, including a claim form, is available at www.endosettlement.com.
 

Practice Areas: Antitrust / Competition

 

Supporting Documents

» Consolidated Complaint (PDF)
» Order re: Preliminary Approval of Settlement and Substitution of Co-Lead Counsel (PDF)
» Settlement Agreement (PDF)
» Settlement Notice (PDF)
» Final Approval Opinion, May 11, 2009 (PDF)

 

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