Five leading drugmakers swallowed a bitter pill last week. In a surprise move, they offered to pay $120 million to settle treble-damage claims against them for allegedly rigging the price of a widely used antibiotic, tetracycline. While proposing the settlement, the five companiesAmerican Cyanamid, Chas. Pfizer, Bristol-Myers, Upjohn and Squibb Beech-Nutasserted that they "have not violated the antitrust laws."
In 1967, a federal jury convicted Cyanamid, Pfizer and Bristol-Myers of plotting to fix the price of tetracyclineand the companies are still appealing the verdict. Upjohn and Squibb were named co-conspirators but not defendants. Encouraged by the verdict, 39 states, ten...