Defense of Antitrust Class Actions

Overview

Practice Contact(s)

Overview

A very significant part of our activity has involved the defense of antitrust class actions. We have defeated class certification at least nine times. Because of our attorneys' graduate work in economics, we have frequently taken the lead on the economic issues in multi-defendant class actions, for example, deposing or cross examining plaintiffs' economists at least 10 times. Our experience includes the following:

  • A series of cases involving allegations of anticompetitive agreements with regard to the sale of infant formula. We were involved in cases in Michigan (Holmes v. Abbott Laboratories); Alabama (Durden v. Abbott Laboratories); Kansas (Holden v. Abbott Laboratories); and South Dakota (Hagemann v. Abbott Laboratories).
  • A series of cases involving claims of price fixing among the manufacturers of brand name prescription drugs. We were involved in cases in Michigan (Wood v. Abbott Laboratories); Minnesota (Kerr v. Abbott Laboratories); Maine (Karofsky v. Abbott Laboratories); Alabama (Durrett v. Upjohn Company); and Washington, DC. (Goda v. Abbott Laboratories).
  • A series of indirect purchaser cases alleging price fixing among manufacturers of vitamins, including class actions and multiple plaintiff cases involving consumers, livestock producers and vitamin supplement manufacturers.
  • In re: Northwest Airlines Antitrust Litigation. Defense of a consumer class action alleging anticompetitive agreements involving so-called "hidden city" ticketing among several national airlines.
  • Dry Cleaning and Laundry Institute v. Flom's. We defended a price fixing class action in the dry cleaning industry.
  • In re Cardizem CD Antitrust Litigation. Defense of consumer and retailer class actions alleging market division in the sale of generic drugs.
  • Perry v. BASF. An indirect purchaser class action claiming price fixing with respect to blank magnetic tape.
  • Toney v. Nan Ya Plastics Corporation America. An indirect purchaser class action claiming price fixing with regard to polyester staples.
  • Motorsports Merchandise Antitrust Litigation. We were involved in the defense of a class action alleging price fixing in the sale of merchandise at NASCAR races.
  • Sugai Products, Inc. v. Kona Kai Farms, Inc. We defended a class action alleging unfair trade practices on behalf of Kona Coffee growers.
  • Lundsford v. Callaway Golf Co. Defense of purported class action alleging resale price maintenance in the sale of golf clubs.
  • Columbus Drywall v. Masco. Defense of class action alleging conspiracy regarding preferential pricing in insulation industry.
  • Cason-Merendo v. Detroit Medical Center.  Defense of class action alleging conspiracy to suppress nurses' wages.
  • Doe v Arizona Hospital and Healthcare Association. Purported class action alleging fixing of per diem and travelers' nurses' wages.
  • City of Pontiac v. Blue Cross Blue Shield of Michigan. Claim of unlawful most favored nations contracts with Blue Cross Blue Shield of Michigan.
  • In re Refrigerant Compressors Antitrust Litigation (E.D. Mich.). Defense of purported class actions alleging price fixing.
  • In re Automobile Parts Antitrust Litigation (E.D. Mich.). Defense of purported class actions alleging price fixing.

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