U.S. Class Action Price-Fixing Matters
Significant Current U.S. Class Action Price-Fixing Matters
- In re Chocolate Confectionary Litigation (M.D. Pa.) – Currently defending Mars, Incorporated; Mars Snackfood US LLC; and Mars Canada, Inc., 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
- 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 defending 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 defending Renesas, Hitachi and Mitsubishi Electric in multi-district class actions alleging a conspiracy to fix the price of SRAM memory products
- 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
- In re Dairy Farmers of America Cheese Antitrust Litigation (N.D. Ill.) – Currently defending the 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
- In re Aspartame Antitrust Litigation (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
- In re Publication Paper Antitrust Litigation (D. Conn) – Currently defending Stora Enso North America in a class action arising from claims that it and others attempted to fix the price of publication
- 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
- Franz v. Hitachi Maxell, Ltd. (CA Superior Court) – Represented Hitachi Maxell in a multi-defendant indirect purchaser class action case brought on behalf of a purported class of California indirect purchasers who alleged that defendants conspired to monopolize certain back-up computer tape products by allegedly excluding a potential competitor, and which was settled on favorable terms before a class was certified
- 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
- 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
- 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
- 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, and previously secured termination of related grand jury investigation without any indictment or other adverse action
- Byers v. Intuit, et. al. (E.D. Pa.) – Obtained dismissal on behalf of Free File Alliance, LLC, of a class action on behalf of taxpayers alleging that limitation of free tax preparation services to high-income taxpayers constituted an antitrust conspiracy
Significant Concluded U.S. Price-Fixing Matters
- United States v. Stora Enso North America Corp. – Represented Stora Enso in one of the few cases taken to trial when the alleged co-conspirator was granted amnesty by the government pursuant to its Amnesty Program, and in which the jury returned a verdict of “not guilty,” bringing to a close a three and a half year investigation by the Antitrust Division of the U.S. Department of Justice
- Maureen Baker, et al. v. Jewel Food Stores, Inc., et al. (Ill. Cir. Ct.) – Obtained dismissal in a consumer class action case alleging price fixing of milk sold in Chicago-area grocery stores, that was tried before a judge who, after three and a half weeks of trial, at the close of plaintiffs’ evidence, granted defendants’ motion to dismiss the complaint (without the defendants’ having to present their defense case), a ruling that was unanimously affirmed on appeal
- 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
Graphite Electrodes Litigation (E.D. Pa.) – Successfully represented VAW in multi-district class actions alleging a conspiracy to fix the price of Graphite Electrodes - 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
- 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 and then won affirmance by the U.S. Court of Appeals for the Fifth Circuit, defeating all claims brought in a suit by Texas plaintiffs against national corporate competitors asserting conspiracy and monopolization in violation of federal antitrust laws and Texas law on tortious interference*
- In re Stock Exchanges Options Trading Antitrust Litigation (S.D. N.Y.) – After briefing but before arguing motion to dismiss, negotiated dismissal and full release for Wolverine Trading L.P. without any payment by defendant-client in consolidated class action alleging violations of the Sherman Act in the exclusive listing and trading of options*
- Chicago Professional Sports Ltd. Partnership v. National Basketball Ass'n. (N.D. Ill., 7th Cir., U.S. S. Ct.) – Lead trial and appellate counsel for the Chicago Bulls in the Bulls’ successful antitrust suit against the NBA over the team’s right to telecast its games on superstation WGN *
- UAL Bankruptcy – Won appeal before U.S. Court of Appeals for the Seventh Circuit, defeating antitrust claim brought by United Airlines and Unsecured Creditors Committee in the UAL bankruptcy, and was retained by a principal aircraft lender to help redirect defense of antitrust complaint, after bankruptcy court had found that lenders, through their trustees, had engaged in a group boycott and illegal price fixing*
* Denotes work done by current McDermott lawyers while at other firms
Contacts
- Raymond A. Jacobsen Jr.
+1 202 756 8028
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