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Antitrust, Competition & Distribution

Practices

Civil Antitrust Litigation

Listed below are representative antitrust matters in which our partners have participated.

  • Serving as lead trial counsel for book publisher Penguin (USA) Inc. in the eBooks action brought and tried by the U.S. Department of Justice — named by Global Competition Review as the Behavioral Matter of the Year (Americas, 2013) — as well as in over 30 cases brought by state attorneys general and private class actions. United States of America v. Apple, Inc., 1:12-CV-02826 (S.D.N.Y.); Texas v. Penguin Group (USA) Inc., 1:12-CV–03394 (S.D.N.Y); In re Electronic Books Antitrust Litigation, 1:11-MDL-02293 (S.D.N.Y.)
  • Representing a manufacturer of electronic key duplication equipment in an action alleging conduct by a competitor in violation of Section 2 of the Sherman Act to exclude the client from access to big box retail chains, Hy-Ko Products Co. v. The Hillman Group, No. 5:10-CV-00992-DDD (N.D.Ohio). The district court’s order denying defendants’ motion to dismiss is reported at 2011 U.S. Dist. LEXIS 21938 (N.D. Ohio 2011). The case was settled after commencement of discovery.
  • Serving as lead trial attorney in a competitor-plaintiff antitrust and business torts action in New Jersey federal district court. Archbrook Laguna LLC v. New Age Electronic, 2:08-cv-01421 (D.N.J.).
  • Representing a manufacturer of flooring compound for commercial construction applications in an action in which the defendant counterclaimed for secondary-line price discrimination under Section 2(a) of the Robinson-Patman Act and commercial bribery under Section 2(c) of the Act, Dayton Superior Corp. v. Marjam Supply Co., No. 2:07-cv-05215-DRH-MLO (E.D.N.Y.). The district court’s order denying dismissal of the Section 2(a) claim and granting dismissal of the Section 2(c) claim is reported at 2011 U.S. Dist. LEXIS 17221 (E.D.N.Y. 2011). The case was subsequently settled.
  • Representing a manufacturer of high-pressure laminates against a claim of secondary-line price discrimination in violation of ch. 93A of the Massachusetts General Laws, Prime Plywood & Panel, Inc. v. Formica Corp., No. 1:09-cv-30212 (D.Mass.). The case was settled.
  • Representing a distributor of polyethylene resins in which the defendant counterclaimed for secondary-line price discrimination in violation of Section 2(a) of the Robinson-Patman Act, PolyOne Corp. v. Cellect, LLC, No. 09-CV-11054-GAO (D. Mass.). The counterclaim was dismissed with prejudice in 2012 as a discovery sanction.
  • Representing a scrap metal distributor and its parent corporation in a direct purchaser price-fixing class action. The case was tried to a verdict, and the decision on appeal is reported at In re Scrap Metal Antitrust Litigation, 527 F.3d 517 (6th Cir. 2008).
  • Representing a terminated distributor of power transmission parts in an action alleging a resale price maintenance conspiracy between the manufacturer and a competing distributor. The case was settled following the district court’s order denying defendants’ motion to dismiss, Bearing Distributors, Inc. v. Rockwell Automation, Inc., 2006 WL 2709779 (N.D. Ohio Sept. 20, 2006).
  • Defending The Coca-Cola Company in a leading monopolization and distribution case brought under Section 2 of the Sherman Act and subsequent appeal to the Second Circuit. PepsiCo v. Coca-Cola, 315 F.3d 101(2d Cir. 2002).
  • Representing a global electronic manufacturer in multi-district litigation consolidating class actions alleging a global price fixing conspiracy. In re Dynamic Random Access Memory (DRAM) Antitrust Litigation, 4:02-MDL-486 (N.D. Cal.).
  • Serving as Ohio counsel for a manufacturer of PVC modifiers in a direct purchaser price-fixing class action under Ohio’s antitrust statute, the Valentine Act, Heritage Plastics, Inc. v. Rohm and Haas Co., No. 03-CV-113 (Court of Common Pleas, Belmont County, Ohio). The action, alleging price fixing by manufacturers of PVC modifiers and plastic additives, was voluntarily dismissed by class counsel following a February 27, 2004 ruling on defendants’ motion to dismiss.
  • Representing a manufacturer of magnetic iron oxide in a direct purchaser price-fixing class action, eMag Solutions LLC v. Toda Kogyo Corp., No. C-02-161 (N.D. Cal.), and related indirect purchaser class actions in California, Massachusetts, Michigan and Kansas. The district court’s opinion granting a motion to dismiss on FTAIA grounds is reported at 2005 WL 1712084 (N.D. Cal. 2005). All cases were eventually settled.
  • Representing a manufacturer of high-pressure laminates in consolidated direct purchaser price-fixing class actions, In re High Pressure Laminates Antitrust Litigation, No. 00-MD-1368 (S.D.N.Y.), and related indirect purchaser class actions in 11 states and the District of Columbia. The direct purchaser actions were voluntarily dismissed in December 2003 following the conclusion of discovery, with indirect purchaser actions dismissed thereafter.
  • Representing a global telecommunications company in a long-distance telephone reseller case alleging antitrust and business tort claims. American Telephone v. AT&T, 2:93-CV-1389 (N.D. Ala.)
  • Representing a food equipment manufacturer in action alleging refusal to deal in violation of § 1 of the Sherman Act. Westman Commission Co. v. Hobart Int’l, Inc., 796 F.2d 1216 (10th Cir. 1986), cert. denied, 486 U.S. 1005 (1987).