Cartel/Price-Fixing

Antitrust enforcement against price-fixing and other cartel conduct has grown dramatically over the past 10 years, both within the United States and in many other countries around the world, particularly the European Union. Steptoe has a long history of handling these challenging cases successfully, drawing on a team of more than 25 antitrust attorneys in the United States and Europe.

We represent clients in price-fixing investigations in the United States before the Antitrust Division of the Justice Department (DOJ) and the Federal Trade Commission (FTC) (where several of our antitrust partners have worked). In Europe, our lawyers represent clients in some of the most complex cartel investigations before the European Commission’s Directorate General for Competition (DG Comp), and before national competition authorities, including The Netherlands, United Kingdom, Germany, and France. When, as now often happens, an investigation begins simultaneously in multiple jurisdictions, our attorneys in the United States and Brussels collaborate to create a unified defense on a global basis. The recent spread of anti-cartel enforcement around the world also has given our antitrust lawyers significant experience defending investigations and coordinating teams of local counsel in many other countries with active antitrust regimes.

We provide seasoned strategic advice as well as vigorous efforts to limit our clients’ exposure to government fines and penalties. Building on good working relationships with agency officials, our team has developed a strong immunity and leniency practice before the US and European agencies. Steptoe’s white-collar criminal defense practice—one of the most significant in Washington and New York—features leading lawyers who gained extensive experience in DOJ before entering private practice. These white-collar attorneys have defended corporations and top management in several recent high-profile criminal antitrust investigations and prosecutions.

Our strategic perspective also takes into account the “follow-on” civil damages claims almost inevitably brought in the United States and increasingly in Europe, whenever a price-fixing or cartel investigation goes public. Our antitrust attorneys regularly defend such private class actions, other complex treble-damage litigation, and parens patriae cases brought by state attorneys general in courts throughout the United States. Steptoe litigators in Europe also are involved in defending follow-on claims based on European Commission and member state cartel investigations.

Our cartel/price-fixing practice comprises the following:

Representative Matters

US and European Grand Juries & Investigations

Defense of a leading Asian airline in a major US grand jury and European Commission investigation of price-fixing in the air cargo industry.
Defense of a European glass maker in the European Commission’s cartel investigations in the flat glass and car-glass industries.
Defense of a major specialty chemical company in a grand jury investigation of price-fixing in certain industrial chemicals.
Defense of a European-based chemical company in the European Commission’s cartel investigation in the hydrogen peroxide industry.
Defense of several senior executives in major grand jury investigations of price-fixing in the lysine, fructose, and citric acid industries.
Defense of the world’s largest aquaculture farm co-operative in a grand jury investigation of price-fixing.
Defense of two crude oil refining companies in grand jury investigations of price-fixing.
Defense of a large, diversified forest products company in a grand jury investigation.
Defense of a manufacturer of commercial neon signs in a grand jury investigation.
Defense of a pharmaceutical manufacturer in a grand jury investigation of price-fixing.
Representation of senior executives in the vitamin cartel case.

Government Civil Investigation & Litigation

Representation of a major telecommunications equipment manufacturer in a DOJ civil investigation of potential price-fixing, market allocation, and monopolization relating to technology development.
Representation of a major foreign insurer in price-fixing and market allocation investigations by state attorneys general and state insurance regulators.
Representation of a major electric utility in a DOJ civil investigation regarding possible monopolization arising from an alleged refusal to wheel power.
Representation of another major electric utility in a DOJ civil investigation demand relating to an alleged conspiracy regarding a state’s electric vehicle program.
Representation of a major trade association in several investigations by the FTC and the DOJ relating to allegations of price-fixing and conspiracies to exclude competitors.
Defense of DOJ investigation into alleged practices relating to law school accreditation.
Defense of a healthcare company in a Florida Attorney General investigation into alleged division of territories.
Defense of homeowner’s insurers in a Florida Attorney General investigation into an alleged conspiracy to fix hurricane insurance prices.
Defense of auto insurers in a California Attorney General investigation into alleged collusive activity by insurers in response to state rate restrictions.
Defense of a major Japanese electronics manufacturer in a 50-state investigation into resale price maintenance.
Representation of an Internet-based travel service in a DOJ investigation of contractual arrangements with airlines.
Representation of a leading securities dealer in the DOJ’s NASDAQ investigation.
Representation of a trade association in FTC investigations of pharmaceutical pricing, marketing, and patent practices.

Private Damages Claims for Conspiracy

Representation of a major dairy cooperative alleged to be a co-conspirator in treble-damages class actions alleging price fixing and monopolization in the diary industry of the southeastern US.
Representation of a major railroad in treble-damages class actions alleging price fixing of fuel surcharges.
Defense of a leading Asian airline in US treble-damages class actions associated with ongoing multi-national criminal cartel investigations.
Defense of a major marketer of electric power in treble-damages class actions alleging rigging of power auctions.
Defense of a major automobile insurer in multiple class actions directed at the use of non-original equipment repair parts and other claims handling practices.
Defense of a major purchaser of ammonium nitrate in suits brought by coal companies for price-fixing.
Defense of a major workers’ compensation insurer in state court antitrust class actions alleging price-fixing and related offenses.
Defense of a major specialty chemical company in treble-damage class actions alleging price-fixing of certain intermediate chemicals.
Defense of a major life insurer in a federal action attacking industry preparation of studies of investment performance.
Defense of a major property/casualty insurer in parens patriae actions and related private class actions alleging restrictions in environmental coverages.
Defense of a major industrial chemical manufacturer sued on indirect purchaser claims of price-fixing of chlorine and caustic soda.
Defense of a leading foreign heavy equipment manufacturer sued for treble damages in one of only a handful of predatory pricing cases ever brought under the 1916 Antidumping Act.
Defense of one of the major market makers on the NASDAQ in the consolidated treble-damages actions on behalf of direct purchasers of NASDAQ securities.

Noteworthy

Who’s Who Legal 2008 (Ken Ewing: Competition Law)
Legal Experts 2008 (Kees Kuilwijk)
Legal 500 Europe, Middle East & Africa 2008 (Kees Kuilwijk)
Washington, DC Super Lawyers 2007 (Ken Ewing: Antitrust Litigation; Robert Fleishman: Antitrust Litigation; David Roll: Antitrust Litigation)
Euromoney Expert Guide 2006 and 2007 (Philip Woolfson)
Best Lawyers in America (Robert Jordan: Commercial Litigation and Corporate Law, 2008; Antitrust, 2006)
Expert Guides: Competition and Antitrust 2006 (David Roll)
Lawdragon 500 Leading Lawyers in America 2006 (Richard Roberts—a “triple threat in antitrust, litigation, and energy, he has shaped supersized electricity-industry restructurings”)