Brigette Honaker  |  October 18, 2018

Category: Consumer News

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Contact lens makers including Johnson & Johnson Vision Care, ABB Optical Group, and others recently motioned to dismiss a multidistrict litigation, arguing that the plaintiffs failed to provide evidence that the lens makers conspired together to fix lens prices or that they made restrictive agreements with their buyers.

The defendants claim that based on the lack of evidence of horizontal and vertical conspiracy under antitrust laws, the lawsuit must be dismissed.

“After two years of fact and expert discovery, dozens of depositions and the production of over a million pages of documents, plaintiffs have failed to establish any evidence that the manufacturer defendants conspired to introduce unilateral pricing policies,” the lens makers argued.

The lens makers allege that the plaintiffs will be unable to provide sufficient evidence to survive summary judgement.

In their motion, they claim that plaintiff evidence is “equally consistent with lawful unilateral conduct” by Johnson & Johnson Vision Care, ABB Optical Group, and other manufacturers.

The recent motion for dismissal follows a defendant motion for summary judgement which was filed in August.

In the motion, three manufacturers sought judgement on claims that they had vertical price-fixing agreements with another defendant, ABB Optical Group.

The lawsuit was first started in 2015 after ophthalmologists and optometrists began asking critical questions about the huge discounts provided by certain retail companies including Walmart, Costco, and 1-800-Contacts.

The plaintiffs claim that manufacturers conspired together to fix prices in order to keep eye care professionals satisfied about their profit margins earned on contact lenses.

The consumers claim that, because contact lenses can only be accessed with a valid prescription from an eye care professional, those individuals must carry significant sway with manufacturing companies.

In their price-fixing MDL, the consumers allege that the conspiracies violate the Sherman Act.

Recently, the defendants were accused of covering up a now deleted Facebook group which the defendants allegedly used to conspire with each other on price-fixing.

The consumers, having recently learned of the alleged Facebook group, accused the defendants of concealing the group on purpose.

However, the defendants claim that the contact lens buyers cannot prove their participation in the group and that plaintiffs’ “sudden preoccupation” with the group does not “advance their case.”

In their motion for dismissal, the defendants reference a Supreme Court case which supports their argument.

“As the Supreme Court held in Monsanto Co. v. Spray-Rite Serv. Corp., a manufacturer’s independent interest in viewing such information to identify possible violators of its UPP is entirely consistent with lawful unilateral conduct, as is the independent interest of a retailer who might favor the policy and accordingly wishes to have a forum to identify those who violate it,” the defendants argue.

The contact lens consumers are represented by Robins Kaplan LLP, Hausfeld LLP and Scott & Scott Attorneys at Law LLP.

The Contact Lens Price-Fixing Class Action Lawsuit is In re: Disposable Contact Lens Antitrust Litigation, Case No. 3:15­-md-­02626, in the U.S. District Court for the Middle District of Florida.

UPDATE: On Dec. 4, 2018, a consumer Class has been given certification in a contact lens price-fixing multidistrict litigation. 

UPDATE 2: On Sept. 17, 2019, Bausch & Lomb agreed to pay $10 million to consumers who allege that the contact lens company conspired with others to raise prices of soft, disposable lenses.

UPDATE 3: December 2019, the contact lens price-fixing class action settlement is now open. Click here to file a claim.

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2 thoughts onContact Lens Makers Want to Escape Price­-Fixing Class Action

  1. Michelle says:

    Add me pkz

  2. Dorothy R Gilley says:

    Add me

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