Antitrust/Unfair Competition

Representative Matters

Our attorneys’ antitrust litigation experience includes the following matters, among others:

• Red Lion Medical Safety, Inc. et. al. Representation of Red Lion Medical Safety, Inc. and 16 other plaintiffs in securing a $131.4 million verdict against General Electric Company (“GE”) in a jury trial concerning allegations that GE engaged in anticompetitive conduct in the servicing of anesthesia machines. The verdict was announced on April 26, 2017, after a seven-day trial. The jury awarded actual damages of $43,803,344. Under federal law, the damages are automatically trebled to $131.4 million. Potential injunctive relief and attorney fees will be determined by a judge at a later date.

• Dial Corp. et al. Antitrust Class Action. Secured a $244 million settlement of class action antitrust claims against News Corp. and its affiliates on behalf of a certified class of consumer packaged goods manufacturers, including Dial Corporation, Henkel Consumer Goods, Smithfield Foods, Inc., HP Hood LLC, BEF Foods, Inc., Kraft Heinz Foods and Foster Poultry Farms.

• Electronic Data Systems (EDS). Lead counsel for EDS in its five-year antitrust litigation with Computer Associates. EDS asserted a monopolization claim and was awarded an injunction requiring Computer Associates to deliver critical software on lawful terms.

• SGL Carbon Corporation. Defended SGL Carbon Corporation in a major price fixing case brought by Texas steel companies.

• R&D Copy Center. Represented companies competing against Xerox for the servicing of Xerox printers and copiers, alleging that Xerox maintained a monopoly in the servicing of high-volume copiers by refusing to sell replacement parts to independent service providers. Xerox ultimately settled for $225 million.

• A1 Copy Center. Lead counsel in a similar case against Kodak Corporation in the Northern District of California which resulted in a $45 million settlement. 

• Ericsson, Inc. Representation of Ericsson Inc. in an antitrust lawsuit brought by Golden Bridge Technology Inc. seeking more than $1 billion in damages. The district judge granted a summary judgment in favor of Ericsson Inc. after finding no evidence that the company violated any antitrust laws.

• Metro PCS. Representation of MetroPCS as co-counsel with Boies Schiller in an antitrust suit filed against certain TFT-LCD manufacturers concerning allegations that the defendant manufacturers and their co-conspirators conspired to fix prices, limit production, and manipulate supply of TFT-LCD panels, all of which had the effect of artificially increasing and stabilizing prices for TFT-LCD panels and products.

• Becton, Dickinson and Company. Representation of Becton, Dickinson and Company, a medical supply manufacturer, in litigation brought by a competitor alleging monopolization and attempted monopolization claims.

• Agrium. Defended Agrium against classes of direct and indirect purchasers of potash, in Potash Antitrust Litigation (No. II), in the Northern District of Illinois.

• San Francisco Newspaper Printing Company, Inc. et al. Representation of all defendants (the Hearst Corporation, San Francisco Examiner, San Francisco Chronicle, and the San Francisco Newspaper Printing Company) in a major antitrust trial against Pacific Sun Publishing Company. The three-month trial resulted in a defense verdict.

• Lockheed Martin. Lead trial counsel for Lockheed Martin Corporation in defending a suit brought by L-3 Communications alleging antitrust violations and tortious interference with contracts and prospective contracts, including claims for more than $400 million in damages. The matter was settled favorably for our client.