We have a strong track record defending clients in antitrust class actions. Our significant victories and relevant representative engagements include the following:
- Representation of Wachovia Bank and SunTrust Bank in defense of multidistrict antitrust class action consolidated in the U.S. District Court for the Eastern District of New York involving allegations of violations of Sections 1 and 2 of the Sherman Act.
- Representation of major building materials manufacturer in two price-fixing suits in multidistrict litigation in the U.S. District Court for the Eastern District of Pennsylvania, ultimately negotiating a small settlement that constituted a small fraction of the class plaintiffs’ claimed damages.
- Represent a major manufacturer of musical instruments against class action price-fixing claims consolidated in the U.S. District Court for the Southern District of California. Successfully defended the manufacturer in an FTC investigation involving similar allegations.
- Representation of a major manufacturer of heat stabilizers and stearates in multiple class action antitrust suits (as well as an individual opt-out suit) involving the sale of plastics additives in the United States. The firm also represented this client during a DOJ price-fixing investigation and helped secure a non-prosecution letter.
- Represented automobile filter manufacturer in connection with 50 federal antitrust class action complaints consolidated as multidistrict litigation in the U.S. District Court for the Northern District of Illinois. Achieved removal of defendant from consolidated class actions prior to motions to dismiss.
- Representation of Equifax in putative reseller class action in the U.S. District Court for the Central District of California alleging violations by three national credit-reporting agencies of Section 2 of the Sherman Act; we achieved a dismissal of all claims and an affirmance on appeal to the Ninth Circuit Court of Appeals. In another antitrust action in the U.S. District Court for the Southern District of Ohio alleging monopolization and conspiracy violations, we achieved a dismissal of all claims and an affirmance on appeal to the Sixth Circuit Court of Appeals. We also defended a claim against Equifax in a suit in the U.S. District Court for the District of Maryland alleging an unlawful Section 1 conspiracy and challenging as anticompetitive the acquisition of an entity owning an information pipeline to Freddie Mac.
- Defense of major mobile device manufacturer in putative class action in Superior Court of San Diego County, California, and California Court of Appeals resulting in dismissal of case, and in two additional putative class actions pending in the Superior Court of Los Angeles County, California.
- Representation of Mohawk Industries, Inc. in a nationwide grand jury investigation of pricing activities in the carpet industry, multiple nationwide price-fixing class actions in the U.S. District Court for the Northern District of Georgia, and statewide price-fixing class actions in California.
- Representation of client in putative nationwide class actions brought in 12 states by indirect purchasers that alleged price-fixing for monosodium glutamate, resulting in an extremely favorable settlement.
- Represented diversified media company in a class action lawsuit alleging that a large daily newspaper inflated circulation numbers to increase the cost to advertise.
- Represent major manufacturer of computers and high technology products in putative class action in Michigan including unfair practices claims.
- Representation of major airline in 43 nationwide class action suits consolidated in the U.S. District Court for the Northern District of Georgia against major U.S. air carriers alleging price-fixing and in a companion suit brought by the DOJ; case settled with no cash payment.
- Representation of Borden, Inc. in the defense of criminal bid-rigging prosecutions on the federal and state level, followed by several price-fixing class actions brought in the U.S. District Court for the Northern District of Georgia by retailers in Florida and Virginia, in which we defeated class certification and/or obtained summary judgment.
- Representation of Atlanta real estate companies in grand jury investigation and follow-on antitrust class actions in U.S. District Court for the Northern District of Georgia.
- Representation of bar review company, BRG of Georgia, in two antitrust class actions in U.S. District Courts for the Northern and Middle Districts of Georgia, with ultimate settlement in both cases.
- Representation of Georgia-Pacific Corporation in a putative nationwide class action in the U.S. District Court for the Northern District of Georgia alleging price-fixing in the market for commercial paper products.
- Representation of GTE Wireless in numerous class action lawsuits in California alleging price-fixing of cellular rates between major wireless network providers; case settled with no cash payments.
- Representation of Verizon Northwest, Verizon Southwest and Verizon North in federal and state court actions in Washington, Oklahoma and Michigan asserting antitrust, consumer protection and Communications Act claims in connection with the provision of inmate telephone services; we obtained dismissal of all three cases.
- Representation of Safeco Corporation as lead trial counsel in a putative nationwide class action in Madison County, Illinois, alleging conspiracy in the aftermarket replacement parts industry; successfully moved to have Safeco dismissed from the action.
- Representation of major paper manufacturer in a putative class action in Florida state court alleging price-fixing in the market for high pressure laminates.
- Successfully decertified class of advertisers alleging improper billing for Yellow Pages Directory in Hazard County, Kentucky, Perry Circuit Court on behalf of GTE.
- Representation of Emory University in a nationwide class action against hospitals and universities in federal district court in Washington, D.C., challenging the national medical resident matching program as a price-fixing conspiracy; dismissed following passage of legislation by the U.S. Congress amending antitrust statutes.
- Representation of T-Mobile in class action litigation in Superior Court of Los Angeles County, California, and on appeal in the Eleventh Circuit Court of Appeals successfully reversing a ruling certifying a class and holding that claims must proceed individually.
- Successful defense of major internet search engine in putative class action litigation in Superior Court of Los Angeles County, California.
- Representation of National Conference of Insurance Legislators and American Legislative Exchange Counsel as amicus curiae in interlocutory appeal to the Eleventh Circuit Court of Appeals involving certification of nationwide antitrust class of automobile insurance policyholders as a result of failure to apply the “business of insurance” antitrust immunity codified in the McCarran-Ferguson Act.
- Working with another law firm, we represent Delta Air Lines in connection with several antitrust class actions filed in the U.S. District Court for the Northern District of Georgia. Multiple class actions were filed around the country, each alleging that Air Tran Airways and Delta impermissibly colluded to implement baggage fees.
- Represented Travelocity.com L.P. in successful settlements of class action lawsuit asserting claims under California unfair competition and consumer protection statutes.
- Represented Japanese vitamin manufacturer in federal and state class actions asserting claims of price fixing and in multiple opt-out cases following class settlement.
- Represent pharmaceutical company working with another law firm in an ongoing multidistrict proceeding regarding alleged antitrust violations in patent settlement agreements pending in the U.S. District Court for the Northern District of Georgia.