A woman gets her eyes tested during Care Harbor LA free medical clinic in Los Angeles, California September 11, 2014. REUTERS/Mario Anzuoni
(Reuters) - Eye care device company Alcon Vision LLC on Thursday said it had agreed to pay $20 million to settle a consumer antitrust class action over disposable contact lenses, ending litigation less than a week before trial and leaving Johnson & Johnson Vision Care Inc as the sole remaining defendant.
Alcon's lawyers at Cravath, Swaine & Moore and plaintiffs' attorneys said in a notice in U.S. District Court for the Middle District of Florida that they will seek preliminary approval of the deal within 30 days.
The settlement is subject to approval of U.S. District Judge Virginia Covington in Tampa, Florida, who is presiding over the case.
A spokesperson for Geneva-based Alcon said the company was not admitting liability as part of the proposed settlement, which comes in advance of a March 28 trial. The court notice said the agreement will "fully resolve" the case against Alcon and that the plaintiffs will continue to litigate against Johnson & Johnson, which has contested the claims.
A Cravath lawyer defending Alcon did not immediately return a message on Thursday seeking comment. Plaintiffs' lawyers at Scott+Scott Attorneys at Law and Hausfeld also didn't immediately respond to a similar request.
Johnson & Johnson lawyer William Cavanaugh Jr at Patterson Belknap Webb & Tyler did not immediately return a message seeking comment. A spokesperson for the company told Reuters that "Johnson & Johnson Vision stands by the integrity of its actions."
A complaint filed in 2017 alleged major eye care companies agreed between 2013 and 2018 to restrain competition for certain disposable contact lenses. The lawsuit claimed manufacturers "conspired to eliminate discounting of contact lenses by ensuring that all retailers charged the same minimum price."
Three companies earlier reached settlements that collectively totaled $43.2 million: CooperVision Inc, ABB Con-Cise Optical Group LLC and Bausch & Lomb Inc. The companies denied liability as part of the settlements.
The case is In re: Disposable Contact Lens Antitrust Litigation, U.S. District Court for the Middle District of Florida, No. 3:15-md-02626-HES-LLL.
Co-lead class counsel: Scott+Scott Attorneys at Law; Hausfeld; Robins Kaplan
For Alcon Vision: David Marriott of Cravath, Swaine & Moore
For Johnson & Johnson: William Cavanaugh Jr of Patterson Belknap Webb & Tyler
Our Standards: The Thomson Reuters Trust Principles.
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