Antitrust and Unfair Competition
Representative Cases and Investigations
- In re Processed Egg Products Antitrust Litigation – Obtained defense verdict for a large egg producer accused in a multidistrict class action litigation of participating in an industry-wide supply reduction conspiracy in violation of the Sherman Act after a six-week trial. The direct purchaser class alleged that the conspiracy resulted in an 18% increase in the wholesale price of shell eggs between 2002 and 2008 and claimed damages in the amount of approximately $1 billion, which would have been trebled if the jury had found liability.
- In re Mushroom Direct Purchaser Antitrust Litigation – Lead counsel for joint defense group of major U.S. mushroom producers and their agricultural cooperative in pending antitrust class action litigation.
- In re Municipal Derivatives Antitrust Litigation – Defense of investment / financial advisor in antitrust claims brought by over 20 municipalities relating to alleged bid-rigging in municipal derivatives market, resulting in favorable settlement.
- In re Generic Pharmaceuticals Pricing Investigation – Defense of nationwide criminal antitrust investigation involving generic drug manufacturers coinciding with civil litigation by state Attorneys General.
- EnerSys Delaware Inc. v. Altergy Systems – Successful defense of leading manufacturer of commercial batteries against claims under Sections 1 and 2 of the Sherman Act following an arbitration hearing.
- Quigley v. Frankford Hosp. of the City of Philadelphia – Defense of hospital, health system, and physicians against group boycott claim under Section 1 of the Sherman Act, unfair competition, interference with economic advantage, and defamation. Plaintiff claimed damages in excess of $30 million. Resolved at mediation.
- In the Matter of Polypore International, Inc. – Representation of non-party battery manufacturer EnerSys in connection with document production, depositions, and hearing testimony in 2008 and 2009 in FTC antitrust challenge of Polypore’s consummated acquisition of Microporous Products in the global market for battery separators.
- In Re Polyurethane Foam Antitrust Litig. – Defense of nationwide criminal antitrust price fixing/customer allocation investigation regarding the sale of polyurethane foam products coinciding with antitrust class action litigation, resulting in no criminal prosecution.
- Defense of company CEO engaged in aerial application of insecticides in regional DOJ antitrust bid-rigging investigation, resulting in no criminal prosecution.
- In re: Modafinil Antitrust Litigation – Apotex v. Cephalon et al. – Defense of generic pharmaceutical manufacturer in purported nationwide class action against alleged antitrust violations arising from settlement of patent litigation.
- In re Linerboard Antitrust Litig. – Defense (as part of multi-firm team) of antitrust class action and subsequent consolidated opt-out actions against linerboard manufacturers alleging a continuing conspiracy to suppress supply by coordinating downtime at paper mills, in violation of Section 1 of the Sherman Act. This case was reported to be the largest class action price fixing case in the history of the Eastern District of Pennsylvania at the time.
- Ameron v. Total Containment – Obtained jury verdict in clients’ favor on all counts in antitrust and intellectual property matter involving claims of illegal patent licensing and antitrust violations.
- Santana Products, Inc. v. Bobrick Washroom Equipment, Inc. – Obtained summary judgment in favor of defendant manufacturer of toilet partitions on Sherman Act claim seeking approximately $24 million after trebling and Lanham Act false advertising claim.
- Koch Materials Company v. Shore Slurry Seal, Inc. et al. – Defended client against breach of contract claim and asserted Robinson-Patman Act counterclaim on behalf of road paving company, for price discrimination and breach of contract by materials supplier.
- A.L., by his grandparent and natural guardian, Suzanne L. v. Value Behavioral Health, Inc. – Defense of managed care plan in class action alleging civil rights claims on behalf of program recipients and antitrust claims by health care provider arising out of client’s use of an independent network of mental health care prescribers.
- United States v. Schell et al. – Criminal jury trial of company and CEO allegedly engaged in bid-rigging and customer allocation agreements regarding road paving contracts.
- United States v. JMD Roofing Company et al. – Criminal jury trial of commercial roofing contractor in alleged bid-rigging conspiracy.
- ID Securities Systems, Canada, Inc. v. Checkpoint Inc. – Civil jury trial alleging attempted monopolization of U.S. market for retail security tags.