Quinn emanuel trial lawyers

Antitrust and Competition

Introduction Print

A Leader in Antitrust and Competition Disputes, on Both Sides of the “v.”:  Quinn Emanuel has one of the world’s leading antitrust practices, with unique experience, capabilities, and resources to successfully represent both plaintiffs and defendants in antitrust and competition disputes in the U.S. and abroad.  When representing antitrust plaintiffs, we have recovered billions of dollars in both class actions and representations of plaintiffs in private litigation and “opt-out” cases.  In 2015 alone, we recovered over $2.5 billion for antitrust plaintiffs.  Courts frequently appoint Quinn Emanuel to serve as lead or co-lead plaintiffs’ counsel in some of the most significant antitrust class actions, and leading corporations have turned to Quinn Emanuel for the pursuit of antitrust damages and injunctive relief.  On the defense side, we have achieved victories for companies, in a range of industries, accused of antitrust and competition law violations. We have won dismissals by motion, and we have negotiated excellent settlements for our clients, including several settlements not requiring any monetary payment.  But we are also a firm with the genuine ability to take antitrust cases to trial, and we have done so with frequent success, including a defense jury verdict for our client Micron in a multi-billion dollar case that was perhaps the most significant U.S. antitrust jury trial of the past decade.

We find that our experience, stature, and relationships in the plaintiffs’ antitrust bar help us provide the most effective representation on the defense side and vice versa.  We can bring to bear our unique insight into the plaintiffs’ and defendants’ bar. We know the strategies they employ. We know their approaches to settlement.

Quinn Emanuel’s antitrust practice is not comprised of general litigators who know a bit about competition law or antitrust transactional lawyers who have done a bit of litigation. Our antitrust lawyers are accomplished courtroom advocates with a deep understanding of competition law.

In 2012 and 2015, Law360 recognized our antitrust practice as one of the top five in the U.S.  The Recorder selected Quinn Emanuel as one of the “Leading Antitrust Litigation Departments of the Year 2015.”

A Truly Global Network for Antitrust and Competition Matters:  Quinn Emanuel is at the forefront of antitrust and competition matters that are increasingly complex and often multi-jurisdictional.  Global antitrust issues require a global strategy.  Quinn Emanuel’s worldwide resources – from the United States to Europe, the Asia-Pacific and Australia  – enable us to execute comprehensive global strategies, taking account of the differences of national laws, efficiently because we do so as a single law firm.

  • Brussels:  Quinn Emanuel’s rapidly expanding, multilingual and diverse Brussels office focuses primarily on complex antitrust/competition law related disputes and investigations involving the European Commission, the EFTA Surveillance Authority, the EU national competition authorities, and associated litigation (whether before the EU Courts in Luxembourg or in the member states).  Having been involved in many of the major investigations of the last 30 years, the team has particular expertise in handling multi-jurisdictional and EU cartel investigations and associated litigation, abuse of dominance claims, state aid, mergers and joint ventures, and matters relating to cross-border trade/EU internal market issues.  There is a particular focus on high-tech, IP related matters, especially those involving standard essential patents, pharma, and transportation. 
  • London:  Quinn Emanuel has become a go-to firm for the range of contentious competition law services, acting on both sides of competition law disputes, as well as providing advice and representation in respect of investigations involving the European Commission and national competition authorities – including launching the first mass consumer collective action in the UK’s new Competition Appeal Tribunal.
  • Germany:  Our German antitrust team has broad experience in litigation and investigations, representing clients before courts and regulators (including the European Commission, the German Federal Cartel Office and the German Financial Supervisory Authority).  This expertise covers all aspects of German and European competition law, including abuse of dominance cases – with particular experience at the intersection of IP and competition law.  Our German team recently helped a major U.S.-based corporation with business in Germany recover just under €40 million from companies that had participated in an international cartel.
  • Asia-Pacific:  Our competition practice draws on the experienced and well-connected lawyers in Quinn Emanuel’s offices in Hong Kong, Tokyo, and Australia.

Antitrust and Competition Matters Across A Full Range of Industries:  Quinn Emanuel has achieved success in both cartel and monopolization/abuse of dominance matters across a broad range of industries and businesses.  The firm has broken ground in competition and market manipulation cases involving the financial services industry, developing major collusion claims against the world’s largest banks – often without the benefit of regulatory settlements or criminal guilty pleas.  The $1.87 billion settlement the firm achieved in the credit default swaps antitrust case is one of the largest in antitrust history.  And in the ISDAfix antitrust case, the firm has already negotiated more than $300 million in settlements with six banks.

Quinn Emanuel has experience and achieved major victories in the full range of industries.  Examples of those successes include:

  • Manufacturing. The firm won over $430 million in settlements in the Polyurethane Foam Antitrust Litigation; the firm has secured over $400 million in settlements for a major U.S. manufacturer that was the victim of a worldwide bid-rigging cartel; and, on the defense side, the firm obtained a dismissal for Mattel of a monopolization suit brought by a competitor seeking $3 billion in alleged damages;
  • Agriculture. The firm has played a lead role in securing over $100 million in settlements in the Egg Products Antitrust Litigation, and the firm obtained groundbreaking class certification and recovery in bankruptcy court in the Tomato Products Antitrust Litigation;
  • Pharma. The firm obtained dismissal of all claims against Gilead in an antitrust suit brought by a generic pharmaceutical manufacturer;
  • Transportation. The firm serves as court-appointed co-lead counsel in the pending major class action alleging collusion by the major U.S. railroads in connection with their freight fuel surcharge program;
  • Securities-related businesses. The firm secured voluntary dismissal of all claims against client Rabobank, without any payment, in the multi-district antitrust litigation concerning municipal derivatives;
  • Product distribution. The firm secured dismissal of all claims against client Honeywell by a disgruntled former distributor of Honeywell fire safety systems for office buildings;
  • Technology products. The firm won perhaps the most significant antitrust jury trial of recent years, defeating Rambus’ multi-billion dollar claims against our client Micron; the firm won voluntary dismissal of all claims against client IBM, without any payment, in multidistrict antitrust litigation alleging collusion in the sale of SRAM memory chips; and the firm, on behalf of client Samsung, defeated class certification in two price-fixing actions brought by direct and indirect purchasers of NAND flash memory;
  • Sports. The firm secured dismissal of antitrust claims against our client FIFA, the world soccer organization, alleging that FIFA engaged in a conspiracy to force individuals who wished to attend the 2014 World Cup to purchase more-expensive hospitality packages instead of face-value tickets; the firm won summary judgment on behalf of clients Haymon Sports and its CEO, Alan Haymon, the prominent boxing manager, in a $300 million antitrust lawsuit by Oscar De La Hoya and his Golden Boy promotion companies; and the firm defended Madison Square Garden and the New York Rangers in an antitrust case alleging that the NHL and other parties conspired to inflate prices for television and internet broadcast of NHL games.

Intersection of Antitrust and Intellectual Property:  We have been pioneers in dealing with issues at the intersection of intellectual property and competition. We have represented clients in some of the most significant IP cases in history, including recently what the press has called “the Smart Phone Wars.” As a direct result, Quinn Emanuel has been at the cutting edge of disputes involving standard setting, FRAND commitments, monopolization of newly developed technologies and related patent abuse, ITC proceedings, and transnational antitrust enforcement. Our lawyers have also worked with intellectual property rights owners in protecting their rights in the face of competition and free movement claims in the EU and in front of national competition authorities and courts.  We also have significant expertise in the application of competition law to the pharmaceutical sector and in the numerous EU and UK “pay for delay” patent settlement competition law infringement cases.

Intersection of Antitrust and Bankruptcy:  We have pioneered antitrust and competition claims against companies that declare bankruptcy.  Working with our market leading bankruptcy disputes practice, Quinn Emanuel has been at the forefront of pursuing plaintiffs’ rights against competition law infringers that subsequently declare bankruptcy.  By bringing together teams comprising our antitrust and bankruptcy lawyers, we obtained a pioneering certification of a class of antitrust claimants in U.S. bankruptcy court, and through negotiation with the bankruptcy trustee arranged for the class to receive a portion of the proceeds awarded to creditors in the bankruptcy proceedings.  We also recently won an important ruling that a party emerging from bankruptcy could be jointly and severally liable for the damages caused by an antitrust conspiracy (even during the period prior to bankruptcy) based on post-bankruptcy participation in the conspiracy. 

Investigations:  We understand the importance of investigations and the consequences that follow in terms of civil claims.  Competition investigations and the resultant decisions and plea agreements often spawn multiple civil damages actions, particularly in the U.S. and Europe. The damages exposure in these civil claims can often be far greater than the financial penalties imposed by the competition authorities. Accordingly, companies making an immunity or leniency application and/or facing a competition authority investigation need advisers who can not only effectively advise on the global risks and benefits of making an immunity or leniency application, and defend the investigation, but also prepare the company for any subsequent litigation and how to manage the process strategically from start to finish. Quinn Emanuel is perfectly positioned to handle both of those critical roles. 

Our lawyers have represented clients in both civil and criminal antitrust investigations initiated by the Department of Justice, the FTC, the CFTC in the US and DG Comp in the EU, Competition and Markets Authority in the UK and its equivalent in other countries. We have over 20 former US federal prosecutors, many with extensive experience in antitrust-related matters. One of our partners has served as National Co-Chair of the American Bar Association’s Criminal Antitrust Committee. Lawyers in our European offices have been involved in some of the most significant investigations by the European Commission and national competition authorities.

We believe our firm’s disputes-only model gives our clients an advantage as compared to companies that are represented by other firms in contested investigations. Many full-service firms consider their relationships with the competition authorities an asset – particularly when those firms are regularly representing companies in transactions such as mergers and acquisitions. These firms are understandably not keen on compromising their relationships. But it is often critical to take tough stands with the authorities in competition investigations. We are fully committed to aggressively protecting our clients’ positions in negotiations with the authorities, who know we will go to trial or appeal if a reasonable outcome cannot be reached.

Pursuing Competition Claims with the Authorities:  We also regularly represent clients who are the victims of anticompetitive conduct before the competition authorities (especially the European Commission). We know how to persuade the authorities to investigate such conduct. We know how to communicate with the Department of Justice, the European Commission, and EU national competition authority lawyers when appropriate.

Our Team Leaders:  Our antitrust practice chair, Stephen Neuwirth of the firm’s New York office, has been recognized as a “Titan of the Plaintiffs’ Bar” by Law360 in 2014, which also named Stephen one of just eight U.S. antitrust “MVPs” in 2012.  Chambers USA 2017 has ranked Stephen in Band 2 nationally for plaintiffs’ antitrust law.  Corporate LiveWire named Stephen the U.S. Antitrust and Competition Lawyer of the Year in 2016; the National Law Journal in 2015 identified Stephen as an Antitrust “Trailblazer”; and LMG Life Sciences ranked Stephen as a Non-IP Litigation Star in 2017.  Dan Brockett, also of the New York office, was named by Law360 as an antitrust “MVP” in 2015 and named a “Litigation Trailblazer” by the National Law Journal in 2016.  ALM Magazine also listed Dan as one of the New York area’s Top Rated Lawyers. 

Trevor Soames, managing partner of our Brussels office, has long been recognized commentators as one of a handful of leading Brussels players in competition law.  In addition to the accolades Trevor has received for his competition work generally, Trevor repeatedly has been identified by Euromoney as one of the top 20 aviation lawyers in the world and ranked #1 in Belgium in Global Competition Review’s International Who’s Who of Aviation Lawyers.  Stephen Mavroghenis of the Brussels office has been ranked as a leading competition lawyer by Global Competition ReviewChambers, Legal 500, and the International Who’s Who of Competition Lawyers.   Global Competition Review named Stephen in 2012 as one of its “40 under 40” of the world’s brightest young antitrust lawyers.  Brussels office partner Miguel Rato was a member of the team that won the Legal Business award for Competition Team of the Year in 2010.  From May 2004 to November 2005, Miguel worked as a Référendaire (Clerk) at the General Court of the European Union (EGC) in Luxembourg.  Miguel also lectures on EU competition law and intellectual property at the Brussels School of Competition.

Our London based competition litigation partner, Boris Bronfentrinker, was recognized by Global Competition Review as one of the top 40 under 40 competition lawyers globally in 2015, and The Lawyer identified Boris as one of the “Hot 100” lawyers in the UK in 2016. Boris is also recognized by Legal 500 UK 2017 as a "Recommended Individual" and Chambers & Partners 2015 as a "Leader in his Field" in the area of competition litigation.  In addition, Kate Vernon of our London office is recognized by Legal 500 UK 2017 as a "Recommended Individual" in the area of competition law and featured in The Lawyer “Hot 100” in the UK in 2006.

In Germany, competition partner Nadine Herrmann has been recognized by Juve Handbuch (2014/2015, 2015/2016 Editions), the leading legal directory, for her expertise at the intersection of IP and competition law.  Nadine has authored a textbook on EU competition and German unfair competition law.  Nadine divides her time between Quinn Emanuel offices in Germany and Brussels and has active practices in both locations.

Law360 selected New York partner Steig Olson as a rising star in competition law in 2014.  Washington, D.C., partner Ethan Glass joined the firm from a management position at the U.S. Department of Justice’s Antitrust Division, where he received the Attorney General’s John Marshall Award for Trial of Litigation among other awards.

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Recent Representations Print

Quinn Emanuel has achieved extraordinary successes when representing corporate defendants in complex, high-stakes, antitrust and competition disputes:

  • We defended Haymon Sports and its CEO, Alan Haymon, the most prominent boxing manager in the sport today, in a $300 million antitrust lawsuit by Oscar De La Hoya and his Golden Boy promotion companies.  The plaintiffs alleged that Haymon attempted to monopolize the market for promotion of Championship-Caliber Boxers through a “tie-out” clause in their management contracts, as well as a series of exclusive contracts with free network television and basic cable networks.  On summary judgment, we demonstrated to the Court that Golden Boy’s claims were factually and legally meritless, and the Court agreed, dismissing all antitrust claims with prejudice and throwing the case out.
  • We obtained an important victory in the U.S. Supreme Court on behalf of a plaintiff class of consumers challenging price-fixing of ATM access fees by Visa, MasterCard, and the big banks.  The Supreme Court had previously granted the defendants’ petition for certiorari from a D.C. Circuit decision upholding the complaint on a motion to dismiss.  After we filed our merits brief as co-lead counsel for the plaintiffs, the Supreme Court dismissed the defendants’ petition as improvidently granted, finding that the defendants’ arguments were inconsistent with the question on which the Court had originally granted certiorari.  This effectively upholds the D.C. Circuit decision in our favor.
  • We represented FIFA in an antitrust class action whereby plaintiffs alleged that FIFA and its co-defendants engaged in a conspiracy to force individuals who wished to attend the 2014 World Cup to purchase more-expensive hospitality packages instead of face-value tickets in order to drive up profits. At stake was not only hundreds of millions of dollars, but also FIFA’s reputation as the leader of the World Cup, the world’s most elite soccer event. In less than a year, not only did we get this action kicked out of Federal Court for lack of subject matter jurisdiction, but the Court issued a scathing opinion finding that “plaintiffs engaged in a number of questionable actions,” and stating that “a competent attorney” would not have brought this action.
  • We represented client J.G. Wentworth in a case involving the acquisition of its largest competitor, Peach Holdings, LLC, in 2011.  The plaintiff, a competitor in the structured settlement market, alleged that the acquisition resulted in an illegal monopoly and that J.G. Wentworth’s subsequent use of Google AdWords to advertise both J.G. Wentworth and Peachtree to consumers was anticompetitive because it excluded other competitors from appearing in the most coveted positions on search engine results pages, diverted sales from other competitors, reduced the vigor of the competitive process, and caused consumer confusion as to the joint ownership of the two brands.  The plaintiff also alleged claims of false advertising under the Lanham Act and unfair competition under California law.  The Honorable Beverly Reid O’Connell, Central District of California, twice gave the plaintiff leave to amend before dismissing all claims with prejudice on the pleadings.
  • We represented Despegar.com in a false advertising lawsuit brought by American Airlines.  Just before initiating suit, American withdrew its tickets from all of Despegar’s websites throughout the world.  In addition to mounting a vigorous defense against American’s claims, we brought an antitrust counterclaim on behalf of Despegar’s U.S.-based subsidiary relating to American’s anticompetitive air fare distribution scheme.  On the eve of depositions we obtained a favorable settlement agreement which paved the way for Despegar to resume selling American tickets.
  • We represented TransWeb in the defense of patent infringement claims asserted by 3M and the pursuit of antitrust claims against 3M.  After a two-and-half-week trial, we obtained a unanimous jury verdict that 3M’s asserted patent claims were invalid, not infringed, and (in an advisory capacity) unenforceable due to inequitable conduct.  The jury also found that 3M violated the antitrust laws by attempting to enforce fraudulently obtained patents against TransWeb and awarded lost profits and attorneys’ fees as antitrust damages, resulting in an approximately $26 million judgment.  The district court subsequently adopted the jury’s advisory verdict that 3M had committed inequitable conduct rendering the asserted patents unenforceable.  On appeal by 3M, the Federal Circuit issued a unanimous and precedential decision affirming the judgments entered below, including specifically the finding of inequitable conduct before the Patent and Trademark Office and the award of trebled attorneys’ fees as antitrust damages pursuant to the Walker Process fraud claim.
  • We represented DIRECTV in obtaining summary judgment on antitrust claims under the Cartwright Act brought by Basic Your Best Buy, a terminated retailer.  Summary judgment was affirmed on appeal.  The Plaintiff alleged that DIRECTV entered into a horizontal conspiracy with its other retailers through coercion not to bid on Basic’s sales leads so that DIRECTV could acquire them at a below market price.  We successfully argued that DIRECTV’s restrictions on its retailers were vertical restraints on intrabrand competition subject to the rule of reason and that Basic could not establish essential elements to prove its claim, including an anticompetitive purpose or effect, a relevant market, or antitrust injury.  The Court of Appeal affirmed
  • We represented DIRECTV in a case brought by Exclaim Marketing involving unfair and deceptive trade practices and cross-claims for trademark infringement.  After a seven-day jury trial and post-trial briefing, we not only obtained a complete defensive victory for DIRECTV, but also won substantial damages and a sweeping nationwide permanent injunction against Exclaim.
  • We won perhaps the most significant antitrust jury trial of recent years, defeating Rambus’ multibillion dollar claims against our client Micron, even after Micron had pleaded guilty to antitrust violations.
  • We obtained a dismissal for Mattel of a Sherman Act suit brought by a competitor seeking $3 billion in alleged damages.
  • We successfully represented Honeywell International in defense of federal antitrust claims that it conspired with certain distributors to foreclose competition in the market for distribution of Honeywell fire safety systems for office buildings. We obtained a dismissal of all claims on the first motion to dismiss, having earlier won a stay of all discovery pending a ruling on the motion to dismiss.
  • We successfully represented IBM in defense of price-fixing class action claims related to the market for Static Random Access Memory, and persuaded the class action plaintiffs to drop IBM as a defendant with prejudice.
  • We successfully persuaded plaintiffs to voluntarily dismiss the claims against Rabobank, in the federal multidistrict Municipal Derivatives antitrust litigation – and secured this relief without any monetary payment and before any substantial discovery.
  • We successfully persuaded plaintiffs to drop our client as a defendant in any antitrust class action alleging price-fixing among the manufacturers of gypsum.
  • In the In re Flash Memory Antitrust Litigation (N.D. Cal.), we represented Samsung in two price-fixing class actions, brought by direct and indirect purchasers of NAND flash memory. Although classes had been certified in similar cases in the same district, we successfully defeated class certification motions in both actions, causing the direct purchaser representative to agree to a voluntary dismissal of all claims.
  • We successfully represented Shell Oil Products in defense of antitrust claims by gas station owners alleging discrimination in wholesale prices of gasoline. Following a four-week jury trial, we obtained judgment in Shell’s favor.
  • We successfully represented DIRECTV in defense of two consumer class actions, with the court granting motions to dismiss all claims.
  • We obtained a complete defense verdict in a four-week antitrust jury trial in the Southern District of New York, where over $250 million in damages was sought.
  • We currently represent Georgia-Pacific in defense of pending federal antitrust class action claims against the major containerboard manufacturers.
  • We currently represent Madison Square Garden and The New York Rangers in defense of federal class action antitrust claims that the National Hockey League, regional sports networks, along with Comcast and DIRECTV, conspired to inflate prices for television and internet broadcast of NHL hockey games.
  • We currently advice and represent a truck company in respect of potential claims that may arise from the European Commission’s investigation into alleged anti-competitive conduct in the truck market.

Quinn Emanuel is also a powerhouse on the claimant side, including serving as court-appointed lead plaintiffs' counsel in some of the most significant US antitrust disputes: 

  • A federal judge has ruled that plaintiffs’ claims can go forward in the Quinn Emanuel-led Gold antitrust class action, in which we allege that a group of banks conspired to suppress a worldwide benchmark price for gold known as the “London Gold Fix.”  In an October 4, 2016 decision, Judge Valerie Caproni of the S.D.N.Y. largely upheld our complaint, which was built primarily around economic evidence showing prices moving in anomalous ways around the time of the Fix.  Notably, the Court rejected the attempts by the banks to have the factual allegations about price movements discarded under a Daubert-like level of scrutiny, and to posit innocent counter-explanations for the anomalies.  The Court also rejected many other common defenses the banks have asserted in financial market manipulation cases, including that each plaintiff need detail its harm to a heightened extent, and that the size of liability was too big compared to the banks’ culpability. 
  • A federal judge has ruled that plaintiffs’ claims can go forward in the Quinn Emanuel-led ISDAfix antitrust case.  Our basic allegation is that the major Wall Street banks who set the ISDAfix benchmark rate—which is used to determine the settlement value of certain financial derivatives—conspired to rig ISDAfix in order to extract higher profits on financial instruments that are linked to ISDAfix.  In a March 28, 2016 decision, Judge Jesse Furman of the S.D.N.Y. largely upheld our complaint, sustaining the antitrust, breach of contract and unjust enrichment claims.  This victory is notable because we identified anomalies in the market and put together a complaint where the conspiracy was pled almost entirely on our self-developed economic evidence.  The decision thus vindicates our data-driven approach to developing these large antitrust and market manipulation cases—something only Quinn Emanuel has been doing, allowing us to stake a unique claim to the right to “lead counsel” in class-action antitrust cases involving the financial markets.
  • We represented Salix Capital U.S. Inc., and were appointed lead counsel for a class of investors in CDS, including pension funds, university endowment funds, hedge funds, insurance companies, corporate treasuries, fiduciary and depository institutions, small banks, and money managers. The defendants were twelve major Wall Street banks, including Bank of America, Goldman Sachs, and JPMorgan, as well as Markit, a financial services firm, and the International Swaps and Derivatives Association (“ISDA”). The case involved allegations that the banks, Markit, and ISDA, engaged in a multi-year conspiracy to limit transparency and boycott exchange trading in the market for CDS. We achieved a historic settlement of over $1.86 billion plus injunctive relief, one of the largest private antitrust settlements in history. The settlement is particularly noteworthy because two separate governmental investigations—by the Department of Justice and the European Commission—failed to result in any penalties for any of the defendants.
  • As court-appointed co-lead counsel for direct purchaser plaintiffs in In re Flexible Polyurethane Foam Antitrust Litigation (N.D. Ohio), we won certification of a national class of direct purchasers, defeated the defendants’ effort to have the certification decision reversed on appeal, and defeated those same defendants’ motions for summary judgment.  As a result of this representation, we achieved over $430 million in settlements for the class from nine different defendants. We have also successfully pursued claims on behalf of bedding companies in the English courts against the polyurethane foam cartelists, successfully resolving the claims without needing to serve proceedings.
  • We achieved a settlement for $130 million plus even more valuable non-monetary relief (in the form for prospective changes to the defendants’ practices) in Universal Delaware v. Comdata Corporation (E.D. Pa.), concerning alleged monopolization and anticompetitive collusion in the markets for the truck fleet credit cards used at highway truck stops. We served as court-appointed co-lead counsel for a proposed class of over 4,000 independent truck stops. Defendants included Comdata (the leading issuer of trucker fleet payment cards) and three national truck stop chains.
  • We are playing a major role representing plaintiffs in the pending In re Egg Products Antitrust Litigation (E.D. Pa.). We helped to secure a $25 million settlement (already finally approved by the court) from defendant Moark Corporation/Land O’ Lakes, and another settlement of $28 million (subject to court approval) with defendant Cal-Maine Foods, Inc. The firm filed one of the original complaints concerning agreed output restrictions in the egg market. We presented the principal argument in opposition to the defendants' motions to dismiss, which the court denied (with limited exception) in October 2011. We also led the defense of the defendants’ Daubert challenges to plaintiffs’ economic expert, which the Court denied in early 2015.
  • We are court-appointed co-lead plaintiffs’ counsel in Four In One Company, Inc., et al. v. S.K. Foods, L.P., et al. (E.D. Cal.), an alleged class action concerning price fixing in the market for processed tomato products. The firm achieved a ground-breaking settlement in bankruptcy court that ensures a settlement class, certified by the bankruptcy court, will now be able to maximize its recovery from debtor SK Foods. The firm has also settled (subject to court approval) with the two other defendants for a total of $6.4 million.
  • We continue to serve as court-appointed co-lead counsel for plaintiffs in the In re Rail Freight Fuel Surcharge Antitrust Litigation. Although we secured a landmark grant of class certification in 2012, the Court of Appeals for the District of Columbia in 2013 vacated that decision and remanded the case to the district court for further proceedings in light of the Supreme Court’s 2013 decision in Comcast v. Behrend (decided more than nine months after the district court’s class certification ruling and following the full submission of all appeal briefing in the Fuel Surcharge case). The remand proceedings are now pending.We were appointed lead class counsel in a multi-billion dollar antitrust lawsuit against five major bullion banks regarding manipulation and price fixing of a gold benchmark rate.
  • We were appointed lead class counsel in a multi-billion dollar antitrust lawsuit against five major bullion banks regarding manipulation and price fixing of a gold benchmark rate. 
  • We advise and represent a major international automobile company in respect of its global claims arising from the auto parts cartels, The cartels in the auto parts sector are the most wide ranging ever to be investigated in a single sector, with authorities in the US, EU, Brazil, Canada, Japan, South Korea, Australia and South Africa investigating suppliers of car parts.
  • We advise and represent CDC Cartel Damages Claims SA in antitrust follow-on litigation against HeidelbergCement AG arising out of the cement cartel, one of the biggest follow-on actions pending in Germany. As the assignee of the original purchaser of cement from the cartelists, our client seeks an award of damages of about €100 million.

We have also acted in some of the most significant matters at the cutting edge intersection of antitrust and intellectual property law, including the emerging issues related to standards setting and licensing abuses, geo-blocking, pay for delay patent settlement agreements, and licensing of IP rights including sports broadcasting rights:

  • We represented a global telecommunications company, the world’s largest manufacturer of mobile cellular handsets, in a case against Qualcomm before the European Commission, in which our client alleged that Qualcomm’s licensing practices were anticompetitive. This was related to various other matters we handled against Qualcomm, in what was probably the largest intellectual property dispute in the world. We achieved a global settlement for our client on the eve of trial.
  • In 2011, we secured final victory for our client IBM in International Business Machines Corp. v. Platform Solutions, Inc. (S.D.N.Y.), when opponent T3 Technologies voluntarily dismissed its pending appeal of IBM's summary judgment win. The case involved IBM’s intellectual property surrounding its core mainframe computer business, but a key focus of the litigation was the defendants' antitrust counterclaims, which accused IBM of monopolizing the mainframe computer technology market. Defendants demanded that IBM be forced to license its mainframe technology. In November 2007, T3 Technologies intervened in the case, accusing IBM of excluding T3 from the market by refusing to license IBM’s technology to T3’s suppliers. After IBM and Platform solutions settled their claims on favorable terms for IBM in 2008, T3 continued to pursue its antitrust counterclaims. In 2009, the court granted IBM’s summary judgment motion against T3. T3 appealed, and the firm presented oral argument to the Second Circuit in October 2010. T3 voluntarily dismissed its appeal in May 2011.
  • We represented Avery Dennison in an antitrust case against 3M, asserting claims regarding (i) 3M’s monopolization of markets for retroreflective sheeting used in highway signage, and (ii) 3M’s anticompetitive practices before a standards-setting committee and in connection with bidding on contracts to supply sheeting to government agencies. The case settled on confidential terms.
  • In EcoDisc Technology AG v. DVD Format/Logo Licensing Corporation et al., we won a significant ruling dismissing all claims against our client The DVD Forum. The court held that a trademark licensor’s cease and desist notices to licensees were protected activity under the Noerr-Pennington Doctrine. The case also held that the activities of a Tokyo-based international standards organization did not provide a sufficient basis for establishing personal jurisdiction to pursue antitrust and false advertising claims in the United States.
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