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Antitrust
Price Fixing
Injunctive and Monetary Relief

The People of the State of California v. Dermaquest Inc.

Published: Oct. 16, 2010 | Result Date: Feb. 23, 2010 | Filing Date: Jan. 1, 1900 |

Case number: RG10497526 Settlement –  $120,000

Court

Alameda Superior


Attorneys

Plaintiff

Edmund G. Brown Jr.

Jonathan M. Eisenberg
(AIDS Healthcare Foundation)

J. Matthew Rodriguez

Kathleen E. Foote
(Office of the Attorney General)


Defendant

Roxane A. Polidora


Facts

The Attorney General of the State of California filed a complaint against DermaQuest Inc., manufacturer of beauty care products, alleging vertical price fixing or "resale price maintenance" in violation of California's antitrust law.

Contentions

PLAINTIFF'S CONTENTIONS:
The State alleged that the company entered into several contracts with its distributors providing that distributors may not resell any DermaQuest products at a price below the company's suggested retail price or that the distributor may not resell DermaQuest products in a manner that yields a price below the company's suggested retail price.

Result

DermaQuest agreed to pay $70,000 in civil penalties and $50,000 in attorney fees. Further, the company agreed to abstain from entering into such agreements in the future.


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