Scott+Scott, Attorneys at Law, LLP Files Antitrust Class Action Against Disposable Contact Manufacturers


SAN DIEGO, March 11, 2015 (GLOBE NEWSWIRE) -- Scott+Scott, Attorneys at Law, LLP ("Scott+Scott") announces that it has filed a class action lawsuit on behalf of purchasers of disposable contact lenses alleging that certain manufacturers of contact lenses, including Defendants Alcon Laboratories, Inc. ("Alcon") (a division of Novartis International AG ("Novartis")); Johnson & Johnson Vision Care, Inc. ("J&J") (which operates in the United States under the "Vistakon" trade name); Bausch + Lomb ("B&L"), owned by Valeant Pharmaceuticals, Inc. ("Valeant"); and Cooper Vision, Inc. ("Cooper") (collectively, "Manufacturer Defendants"), conspired with each other and with Defendant ABB Optical Group ("ABB") to impose minimum resale prices on certain contact lens lines by subjecting them to a so-called "Unilateral Pricing Policy" ("UPP") and thereby eliminate price competition on those products.

The Complaint alleges that the Manufacturer Defendants conspired with each other and with Defendant ABB, a wholesaler, as well as independent eye care professionals ("ECP") represented by ABB and their trade association, the American Optometric Association, to impose UPPs and thereby eliminate price competition on those products by "big box" stores (e.g., those owned by Wal-Mart Stores, Inc. ("Wal-Mart") and Meijer, Inc. ("Meijer")), buying clubs (e.g., those run by Costco), and internet-based retailers (e.g., 1-800-Contacts and LensDiscounters.com) by substantially preventing them from discounting those products. As ECPs themselves have acknowledged, this new pricing scheme represents a "fundamental shift" in how contact lenses are sold to consumers. A copy of the complaint is attached. (https://www.scott-scott.com/cases/Alcon Labs Complaint.pdf)

The class includes all persons and entities who purchased disposable contact lenses manufactured by Alcon, J&J, B&L, or Cooper from June 1, 2013 to the present (the "Class Period"), where the prices for such contact lenses were set pursuant to a UPP. The lines of disposable lenses alleged to be impacted by the anticompetitive conduct are: Alcon ‒ Dailies Total1, Dailies AquaComfort Plus Multifocal, Dailies AquaComfort Plus Toric, and Air Optix Colors; B+L – Ultra; J&J ‒ 1-Day Acuvue Maoist, 1-Day Acuvue Moist for Astigmatism, 1-Day Acuvue TruEye, Acuvue Oasys with Hydraclear, Acuvue Oasys for Astigmatism, and Acuvue Oasys for Presbyopia; and CV – Clariti.

If you wish to discuss this action or have questions concerning this notice or your rights, please contact Scott+Scott (scottlaw@scott-scott.com, (800) 404-7770, (212) 223-6444, or visit the Scott+Scott website, http://www.scott-scott.com) for more information. There is no cost or fee to you.

Scott+Scott has significant experience in prosecuting major class actions throughout the United States. The firm represents individuals, pension funds, foundations, and other entities worldwide.


            

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