Case Description
Plaintiff States sought an injunction and monetary damages from Zeneca, alleging that the company conspired with its distributors to set a price floor, or a minimum resale price which the distributors were not permitted to sell below. The Plaintiff States alleged that if distributors did not comply with Zeneca’s alleged price floor, Zeneca would penalize the distributors by withdrawing certain benefits. In response, distributors complied with Zeneca’s pricing policy, thus establishing a conspiracy. Zeneca agreed to settlement terms in which it was enjoined from price fixing and agreed to pay a monetary sum of $3.9 million. Of the $3.9 million, $1.2 million was used to reimburse the States costs and expenses, including attorneys fees. The remainder was distributed cy pres to benefit the agricultural community of each Plaintiff State.