Client Services / Antitrust & Competition / Antitrust Litigation

Antitrust Litigation

Antitrust:  Significant Litigation Matters

United States

  • In re DRAM, (N. D. Cal.) – Obtained a non-prosecution agreement from the U.S. Department of Justice and defended follow-on civil litigation
  • In re Flash Antitrust Litigation (N. D. Cal.) – Currently representing Renesas, Hitachi and Mitsubishi Electric in multi-district class actions alleging a conspiracy to fix the price of Flash memory products
  • In re SRAM (N. D. Cal.)  – Currently representing Renesas, Hitachi and Mitsubishi Electric in multi-district class actions alleging a conspiracy to fix the price of SRAM memory products
  • American AVK Co. v. WinWholesale, Inc. (C.D. Cal.) – Currently defending an antitrust complaint involving hydrants and valves
  • In re Aspartame Antitrust Litig (E.D. Pa.) – Achieved a win for NutraSweet through the denial of class certification and grant of summary judgment dismissing the direct purchaser class action complaint
  • Byers v. Intuit, et. al. (E.D. Pa.) – On behalf of client Free File Alliance, LLC, obtained dismissal of class action on behalf of taxpayers alleging that limitation of free tax preparation services to high income taxpayers constituted an antitrust conspiracy.
  • Cason-Merenda v. Detroit Medical Center, et al. (E.D. Mich.) – Currently defending Henry Ford Health System in a class action on behalf of registered nurses alleging that hospitals in the Detroit metropolitan area conspired to depress the compensation paid to their employed registered nurses in violation of Sherman Act Section 1
  • Charmer Industries et al. v. The Absolut Spirits Company, Inc. et al. (S.D. N.Y.) – Acted as lead counsel in securing dismissal with prejudice of a $50 million action alleging eight causes of action, including breach of contract and contractual interference
  • In re Chocolate Confectionary Litigation (M.D. Pa.) – Currently defending Mars Incorporated and Mars Canada in class actions on behalf of direct and indirect purchasers of chocolate candy alleging that manufacturers conspired to fix the prices at which they sold chocolate candy in the United States
  • Coalition for a Level Playing Field, LLC, et al. v. AutoZone, Inc., et al. (S.D. N.Y.) – Secured a stipulation of dismissal with prejudice of a price discrimination complaint filed by more than nine plaintiffs asserting Robinson-Patman Act claims without our client making any payment or without any other considerations being provided to the plaintiffs
  • Coastal Petroleum v. Mobil Oil (N.D. Fla.) – Provided successful defense of monopolization claims involving Florida phosphate lands Cyntegra v. IDEXX Laboratories (C.D. Cal.) – Obtained summary judgment for IDEXX (now on appeal to the Ninth Circuit) in monopolization and conspiracy claims arising out of alleged exclusive dealing contracts with distributors
  • In re Dairy Farmers of America Cheese Antitrust Litigation (N.D. Ill.) – Currently defending largest dairy cooperative in the United States in nationwide and statewide putative class actions alleging monopolization and conspiracy in the market for cheese and dairy products.
  • Fleischman v. Albany Medical Center, et al. (N.D. N.Y.) – Currently defending the largest hospital in Albany, New York, in a class action on behalf of registered nurses alleging that hospitals in the Albany-Troy-Schenectady New York MSA conspired to depress the compensation paid to their employed registered nurses in violation of Sherman Act Section 1
  • Graphite Electrodes Litigation (E.D. Pa.) – Successfully represented VAW in multi-district class actions alleging a conspiracy to fix the price of Graphite Electrodes
  • Franz v. Hitachi Maxell, Ltd. (CA Superior Court) – Represented Hitachi Maxell in an indirect purchaser monopolization case involving back-up computer tapes
  • Jung v. Association of Am. Med. Colleges, et al. (D.D.C.)--Successfully defended two teaching hospitals in Michigan, in a class action purportedly on behalf of medical residents across the United States alleging that all teaching hospitals conspired to set medical resident stipends in violation of Sherman Act Section 1
  • Imation v. Quantum et al. (D. Minn.) – Defended Hitachi Maxell in a monopolization and conspiracy case involving backup computer tapes
  • Kevyn Major Howard v. Nikon Corporation, et al. (C.D. Cal.) – Obtained a substantial litigation victory on behalf of Nikon Corporation against a class of California consumers seeking disgorgement, restitution and injunctive relief for alleged violations of California’s unfair competition statute
  • L-3 Communications Integrated Systems LP v. Lockheed Martin (N.D. Tex.) – Currently defending Lockheed Martin in connection with claims that it has restrained competition in the international market for P-3 maintenance, repair, and overhaul parts and services in violation of Sherman Act Sections 1 and 2
  • Lockheed Martin v. Boeing (N.D. Fla.) – Prosecuted antitrust claims for Lockheed Martin against Boeing, asserting monopolization of the U.S. government satellite launch vehicle market, defeating Boeing motions for dismissal and summary judgment
  • Maderazo v. Baptist Health Systems, et al. (W.D. Tex.) – Currently defending Baptist Health Systems in a class action on behalf of registered nurses alleging that hospitals in the San Antonio metropolitan area conspired to depress the compensation paid to their employed registered nurses in violation of Sherman Act Section 1
  • In re Magazine Antitrust Litigation (S.D. N.Y.) – Acted as lead/coordinating counsel in securing a U.S.-wide settlement of 23 consolidated antitrust class action lawsuits brought on behalf of all purchasers of magazine subscriptions in the United States against our client and 14 magazine publisher defendants
  • Matsushita Electric Industrial Co. v. Zenith Radio Corp. – Provided successful defense against antitrust claims in this leading Supreme Court of the United States case on evidentiary standards applicable in price fixing cases
  • Maureen Baker, et al. v. Jewel Food Stores, Inc., et al. (Ill. Cir. Ct.) – Obtained dismissal (at close of plaintiffs’ case-in-chief) in a consumer class action alleging price fixing of milk sold in Chicago-area grocery stores
  • Mercatus Group LLC v. Lake Forest Hospital et al. (N.D. Ill.) – Currently defending Lake Forest Hospital in connection with a civil antitrust action alleging monopolization and attempted monopolization of various ancillary health care markets
  • Monsieur Touton Selection, Ltd. v. Future Brands, LLC, et al. (S.D. N.Y.) – Secured dismissal of an  action brought by a wholesale liquor distributor alleging violations of the Robinson-Patman Act
  • In re Publication Paper Antitrust Litigation (D. Conn)  Currently defending Stora Enso North America in a class action arising from claims that they and others attempted to fix the price of publication.
  • Powderly v. Blue Cross Blue Shield of South Carolina, et al. (W.D. N.C.) – Successfully defended our client pursuant to Federal Rule 12b(6) for failure to state a claim
  • Professional Sports Ltd. Partnership v. National Basketball Ass’n (7th Cir.) – Represented the Chicago Bulls in a successful broadcasting rights antitrust case against the NBA
  • Ortho Biotech LLP v. Amgen Inc. (D. N.J.) – Defended Amgen against “bundling”/monopolization claims in a pharmaceutical products antitrust preliminary injunction action brought by Amgen’s competitor, Ortho
  • Reed v. Advocate Health System, et al. (N.D. Ill.) – Currently defending Resurrection Health Care in a class action on behalf of registered nurses alleging that hospitals in the Chicago metropolitan area conspired to depress the compensation paid to their employed registered nurses in violation of Sherman Act Section 1
  • Space Exploration v. Lockheed Martin (9th Cir.) – Obtained dismissal for Lockheed Martin of monopolization claims involving satellite launch vehicles
  • In re Steel Antitrust Litigation (N.D. Ill.) – Currently defending Steel Dynamics, Inc. in putative, nationwide class actions against producers of raw steel and alleging an antitrust conspiracy to fix prices by restricting the supply of all steel products in the United States
  • Stewart Glass & Mirror, Inc. v. USA GLAS Corp. (E.D. Tex.) – Obtained summary judgment for the defendants on conspiracy and monopolization claims brought by competitors
  • In re Sulfuric Acid Antitrust Litigation (N.D. Ill.) – Currently defending Koch Industries, Inc. and its subsidiaries in a nationwide class action alleging a conspiracy to fix prices by restricting the supply of sulfuric acid in the United States.  Previously secured termination of related grand jury investigation without any indictment or other adverse action
  • UAL Bankruptcy (7th Cir.) – Provided successful defense of antitrust claims against a principal aircraft lender brought by United Airlines and the Unsecured Creditors Committee
  • United Magazine Co., Inc. v. Murdoch Magazines, et al. (S.D. N.Y.) – Successfully represented one of the United States' largest distributors of magazines in a $300 million Robinson-Patman price discrimination action brought by six former wholesalers of magazines
  • United States v. Baker Hughes Inc. (D.C. Circuit) – Provided successful defense of a litigated U.S. Department of Justice merger challenge

Contacts

Antitrust & Competition Client Services

McDermott Will & Emery

McDermott Will and Emery