Antitrust investigations and litigation have always posed significant challenges to a company’s ongoing operations and future profits. These threats have grown significantly in recent years, as a result of increased class action litigation, and the efforts of the plaintiffs’ bar to expand private litigation rights and collective redress.
Our antitrust litigators at McDermott have substantial experience in a wide variety of antitrust litigation, including actions involving claims monopolization, cartels, tying, dealer terminations, antitrust counterclaims in patent and trademark litigation, price fixing, and litigated challenges to mergers and acquisitions. Our lawyers regularly represent clients before international and national regulatory agencies, including the US Federal Trade Commission (FTC) and Department of Justice (DOJ), as well as the European Commission Directorate General for Competition (DG Competition) and Chinese competition authorities. We also represent clients in litigation in US, European and Chinese courts.
Our antitrust class action defense team is one of the most experienced in the United States, and we are on the cutting edge of litigating private competition law damages claims in Europe. Prior to joining the Firm, a number of our lawyers held senior antitrust positions in key regulatory and law enforcement agencies, including the FTC, the Antitrust and Criminal Divisions of the DOJ, and the European Commission.
Understanding our clients’ industries is paramount to litigation success. Our experience encompasses most markets, and we regularly deliver results for clients from all sectors of the economy, including aerospace and defense, life sciences, health care, chemicals, technology, consumer products, manufacturing, and food, beverages and agribusiness.
In re Chocolate Confectionary Litigation (M.D. Pa.). After a lengthy, seven-year legal battle, McDermott secured summary judgment of behalf of Mars, Incorporated, 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 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, having successfully resolved parallel regulatory and criminal investigations. Recently achieved complete dismissal of all remaining claims. This is the third in a string of victories by McDermott in the long-standing case, with billions of dollars at issue.
In re Domestic Drywall Antitrust Litigation (E.D. Pa.). Currently defending American Gypsum Company LLC in a multidistrict litigation arising from allegations that the defendants conspired to fix the price of domestic drywall.
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.
Maderazo v. Baptist Health Systems, et al. (W.D. Tex.). Currently defending Baptist Health Systems (Vanguard Health System) 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 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, having previously secured termination of a related grand jury investigation without any indictment or other adverse action.
Kleen Products LLC v. Packaging Corp. of America, et al. (N.D. Ill.). Defending Weyerhaeuser in a civil class action alleging price fixing in connection with sales of containerboard products.
To meet these multi-front challenges, clients need legal counsel with experience, international reach and familiarity with all major national and international regulatory regimes and dispute-resolution forums. With a talented team and depth across our offices, McDermott provides effective, coordinated counsel on US antitrust law, EC competition law, China’s Anti-Monopoly Law and other competition laws worldwide.