Complex Antitrust Litigation & Class Actions
We have long represented clients as defendants in private treble-damage class actions brought under the federal and state antitrust laws. We also have extensive experience on class certification issues, consolidation of multi-district cases, and other procedures governing complex litigation in the United States.
More recently, as state governments have stepped up enforcement and the class action bar has devised strategies to avoid federal case law, we have developed capabilities in two related areas: representing defendants in parens patriae actions brought by state attorneys general and removing state cases to federal courts. Increasingly, the class action bar has brought cases in state rather than federal court, under state antitrust, unfair trade practice, and consumer protection theories. We have developed substantial experience in arranging removal, opposing certification of nationwide classes, defending against punitive damage claims, and creating new state law on exemptions and immunities. This experience also helps us handle cases subject to the Class Action Fairness Act (CAFA), which has forced some but not all class actions into federal court.
- Representing a major dairy cooperative alleged to be a co-conspirator in treble-damages class actions alleging price fixing and monopolization in the dairy industry of the southeastern US.
- Representing 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.
- Defending a major marketer of electric power in treble-damages class actions alleging rigging of power auctions.
- Defending a major automobile insurer in multiple class actions directed at the use of non-original equipment repair parts and other claims handling practices.
- Defending a major purchaser of ammonium nitrate in suits brought by coal companies for price-fixing.
- Defending a major workers' compensation insurer in state court antitrust class actions alleging price-fixing and related offenses.
- Defending a major specialty chemical company in treble-damage class actions alleging price-fixing of certain intermediate chemicals.
- Defending a major life insurer in a federal action attacking industry preparation of studies of investment performance.
- Defending a major property/casualty insurer in parens patriae actions and related private class actions alleging restrictions in environmental coverages.
- Defending a major electric utility sued by a large purchaser for alleged monopolization and tying.
- Defending a major industrial chemical manufacturer sued on indirect purchaser claims of price-fixing of chlorine and caustic soda.
- Defending 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.
- Defending a major medical equipment manufacturer sued on monopolization and tying theories by independent service organizations in multiple jurisdictions.
- Defending a major electric utility sued by municipal competitors in a monopolization case.
- Defending one of the major market makers on the NASDAQ in the consolidated treble-damages actions on behalf of direct purchasers of NASDAQ securities.