Background - Practices (Details)

Antitrust Class Actions


The lawyers of Crowell & Moring's antitrust class action team combine substantive antitrust experience with extensive, practical experience representing clients in the full range of class action litigation. We are equally skilled at trying the most complex disputes and navigating the procedural and logistical challenges of large, multidistrict class actions. Our antitrust litigators are particularly attuned to our clients' larger business objectives in any dispute, and regularly translate litigation issues into cost-effective preventive counseling.

Among recent high-profile matters, we represent DuPont in its defense of class action litigation alleging price fixing in the titanium dioxide industry. (Titanium oxide is a key pigment used in the coatings, paper, and plastics industries.) We also represented DuPont Pharma (now Bristol Myers Squibb) in the Coumadin antitrust litigation and negotiated favorable settlement of a class action litigation alleging monopolization of the warfarin drug market with Coumadin. We are defending Daybreak Foods, one of the largest producers and marketers of eggs in the United States, against direct purchaser class and opt-out claims.

Our class action lawyers often represent trade associations that are implicated in litigation of that nature, as was the case in our recent representation of an industry association in steel products antitrust class action lawsuit. We also represent clients in follow-on civil litigation related to alleged conduct that forms the basis of criminal investigations. For example, in a dismissal that was affirmed by the U.S. Court of Appeals for the Ninth Circuit, we won summary judgment in a class action seeking $4 billion, which followed a government investigation into alleged Section 1 violations.

We also advise clients who may be considering joining a class action as an alternative to traditional antitrust recovery litigation. Drawing on our extensive experience defending class actions, we are well positioned to help clients determine the most appropriate course of action, and guide them through the claims process. We continuously monitor settlements in these cases and alert clients when they may be entitled to a recovery. For example, we recently negotiated substantial recoveries in a price-fixing class action against LCD manufacturers, and continue to represent several clients in preparation for trial.