Background - Practices (Details)

Civil Antitrust Litigation

Antitrust litigation continues to become more expansive and complex, and increasingly more common. Not only are business practices more frequently challenged under the antitrust laws, but antitrust claims and counterclaims more often arise in other kinds of business disputes. We are not generalists who dabble in the occasional antitrust case, but antitrust professionals with deep knowledge and experience capable of handling any and all types of antitrust litigation.

We defend claims of price fixing, handle cases involving exclusive dealing, refusals to deal, tying and bundling, group boycotts, and actual or attempted monopolization. We have litigated claims brought under the Sherman Act, the Clayton Act, the Robinson-Patman Act, the Lanham Act, California's Cartwright Act and a host of other state antitrust and unfair competition laws. The size of our group and the depth of our substantive antitrust experience make us uniquely qualified to litigate the most complex and novel antitrust issues as they arise, and also make us extremely efficient at litigating simpler or more common antitrust issues.

Our litigators combine substantive antitrust knowledge with practical experience. We are equally skilled at trying the most complex disputes and navigating the procedural and logistical challenges of large multidistrict litigation (MDL) class actions. We also understand that private antitrust lawsuits are often large and resource intensive, and we take pride in our ability to litigate both effectively and efficiently. Many of our antitrust litigators also counsel our clients on antitrust issues, making us particularly attuned to our clients' larger business objectives in any dispute, and better able to translate litigation issues into cost-effective preventive counseling.

Representative Engagements

  • DuPont/Kolon litigation and related investigations. After our trial team won a $920 million jury verdict on trade secret claims, we obtained summary judgment for DuPont on antitrust counterclaims filed by Kolon, a leading Korean manufacturer, pertaining to alleged monopolization of para-aramid fiber (marketed by DuPont under the Kevlar® brand). (Pending appeal.)
  • Corr Wireless Communications, L.L.C., et al. v. AT&T Inc., et al. We obtained a dismissal of all claims for our client, Motorola, in a significant lawsuit alleging multiple antitrust violations. The plaintiffs sought an injunction to stop defendants from selling their 4G-LTE chips, mobile devices, and wireless services, along with treble damages and attorneys' fees.
  • In re TFT-LCD (flat panel) antitrust litigation. We represent AT&T, Motorola, Target, Sears, Kmart, RadioShack, Newegg, JACO, Viewsonic, Rockwell, and CompUSA in lawsuits alleging that LCD manufacturers participated in an international price-fixing conspiracy that resulted in damages in the billions of dollars.    
  • In re DRAM antitrust litigation (and related matters). We recovered hundreds of millions of dollars for Oracle (f/k/a Sun Microsystems) against several DRAM suppliers for their role in an international price-fixing cartel.
  • In re musical instruments and equipment litigation. We represent Yamaha Corporation of America in litigation alleging that musical instrument manufacturers, retailers and an industry trade organization conspired to raise the price of musical products and instruments. We recently obtained a dismissal with prejudice of all antitrust allegations. (Pending appeal.)
  • DuPont — titanium dioxide litigation. We represent DuPont in its defense of this class action litigation alleging price fixing in the titanium dioxide industry. Titanium dioxide is a key pigment used in the coatings, paper, and plastics industries. 
  • In re egg products antitrust litigation. We are defending Daybreak Foods, one of the largest producers and marketers of eggs in the United States. Plaintiffs allege supply constraints and price fixing related to the sale of eggs in the United States. Daybreak was recently dismissed from the indirect purchaser class claims in the MDL, but the direct purchaser class and opt-out claims are continuing.
  • In re fresh and processed potatoes antitrust litigation. We represent Potandon Produce LLC, the largest marketer of fresh potatoes in North America. Plaintiffs allege supply constraints and price fixing related to the sale of the majority of the approximately $6 billion of potatoes sold in the United States annually.