Antitrust Law

Antitrust Law 2018-09-17T10:40:35+00:00

Overview

LGN is a premier antitrust litigation firm in the Midwest and nationally. For nearly 40 years our antitrust team has prosecuted national and global cartels on behalf of businesses injured by anticompetitive conduct. We have obtained billions in settlements and verdicts for our clients and classes. Our clients include local and Midwest businesses that have been injured by domestic or global cartels.

LGN’s antitrust experts are leaders in the field. Our antitrust team members serve as a Director of the American Antitrust Institute, as an Antitrust Law Advisory Board Member of Strafford Publications, as officers for the Committee to Support the Antitrust Laws, as chairs and council members of the Minnesota State Bar Association’s Antitrust Law Section, and on the American Bar Association Antitrust Section’s Membership & Diversity Committee. Our team members also serve as contributing authors to national and international antitrust law treatises and other publications, including the American Bar Association’s Antitrust Law Developments publication. Our team members have served on the Federal Practice Committee for the District of Minnesota and Merit Selection Panels for the District of Minnesota, and are members of the Sedona Conference.

Contact LGN’s antitrust team to learn more about these and other cases we’re pursuing.

Over our nearly 40-year history, our antitrust team has recovered billions of dollars in damages on behalf of injured class members. Our antitrust team is experienced in complex discovery issues, including e-discovery, expert discovery, Daubert motions, and all other aspects of cutting edge antitrust cases.

Courts have repeatedly praised our antitrust team. For instance, U.S. District Judge John Gleeson (ret.) described us as “highly experienced practitioners in complex litigation generally and antitrust litigation specifically.” Precision I, 2013 WL 4525323, at *16; Precision II, 2015 WL 6964973, at *8 (“The settlement amounts proposed here attest to Class Counsel’s abilities.”). U.S. District Chief Judge Ruben Castillo recognized not only “the outstanding result obtained for the Class” but also “the quality of work product and quantity of work” we performed. In re Potash Antitrust Litig. (II), Case No. 1:08-cv-06910, Doc. No. 589 at 2 ¶ 5.

LGN litigates complex cases in federal courts across the country, including:

  • Broiler Chicken Antitrust Litigation (Northern District of Illinois) (Co-Lead Counsel)
  • Generic Drugs Antitrust Litigation (Eastern District of Pennsylvania) (Plaintiffs’ Steering Committee)
  • Packaged Seafood Antitrust Litigation (Southern District of California)
  • Saline Solution Antitrust Litigation (Northern District of Illinois ) (Co-Lead Counsel)
  • Wholesale Grocery Products Antitrust Litigation (District of Minnesota) (Co-Lead Counsel)

Current Cases

BROILER CHICKEN ANTITRUST LITIGATION

LGN is co-lead counsel for a class of direct purchasers of broiler chickens in the United States. We allege that broiler producers colluded to restrain production and otherwise raised prices for broilers sold in the United States. This action is pending in the United States District Court for the Northern District of Illinois before the Honorable Thomas Durkin.

GENERIC DRUGS ANTITRUST LITIGATION

LGN is a member of the Plaintiffs’ Steering Committee for a class of end payer purchasers of certain generic prescription drugs. We allege that manufacturers conspired to fix the prices of generic 18 different drugs. The action is pending in the United States District Court for the Eastern District of Pennsylvania before the Honorable Cynthia Rufe.

WHOLESALE GROCERY PRODUCTS ANTITRUST LITIGATION

LGN is co-lead counsel for a plaintiff class of direct purchasers who allege that Supervalu Inc. and C&S Wholesale Grocers, Inc. colluded to allocate territories and customers for wholesale grocery goods and related services. This action is pending in the United States District Court for the District of Minnesota before the Honorable Ann D. Montgomery. More information about the case is available here.

AUTO PARTS ANTITRUST LITIGATION

LGN represents direct purchaser plaintiffs who allege that several manufacturers conspired to fix and raise the prices of numerous automotive parts and assemblies incorporated into millions of vehicles sold in the United States. The cases are pending in the United States District Court for the Eastern District of Michigan before the Honorable Marianne Battani. Plaintiffs’ counsel have secured up to $400 million in settlements for the various classes to date. Information about the Direct Purchaser Settlements is available here.

SALINE SOLUTION ANTITRUST LITIGATION

LGN is co-lead counsel for a proposed class of direct purchasers of sterile IV saline solution. We allege that major producers of sterile saline colluded to restrict supply and otherwise wrongfully raised prices for sterile saline sold in the United States. This action is pending in the United States District Court for the Northern District of Illinois before the Honorable John Tharp.

PACKAGED SEAFOOD ANTITRUST LITIGATION

LGN represents end payer plaintiffs who allege that seafood producers colluded for more than a decade to raise prices and restrict supply of packaged tuna across the United States. The cases are pending in the United States District for the Southern District of California before the Honorable Janis L. Sammartino.

KLEEN PRODUCTS LLC, ET AL. V. PACKAGING CORPORATION OF AMERICA, ET AL., (CONTAINERBOARD ANTITRUST LITIGATION)

LGN represents a plaintiff class of direct purchasers who allege that containerboard producers conspired to restrict capacity and production to maintain and raise containerboard prices from August 2005 to the present. The products involved include linerboard, corrugated medium, corrugated sheets, boxes and other containers. This action is pending in the United States District Court for the Northern District of Illinois, Eastern Division before the Honorable Harry D. Leinenweber. More information about this case can be found here.

AGGRENOX ANTITRUST LITIGATION, MDL NO. 2516 (D. CONN.)

LGN represents end payor plaintiffs who allege that drug manufacturers unlawfully agreed to prevent the launch of a less expensive generic version of Aggrenox. The action is pending in the United States District Court of Connecticut before the Honorable Stefan R. Underhill.

ASACOL ANTITRUST LITIGATION, CASE NO. 1:15-CV-12730 (D. MASS.)

LGN represents end payor plaintiffs who allege that the maker of Asacol removed it from the market shortly before its patent expired to prevent generic manufacturers from introducing a generic version of the drug. The action is pending in the United States District Court of Massachusetts before the Honorable Denise J. Casper.

NIASPAN ANTITRUST LITIGATION, MDL NO. 2460 (E.D. PENN.)

LGN represents end payor plaintiffs who allege that two drug companies engaged in anticompetitive conduct to prevent a less expensive generic equivalent of Niaspan from entering the market. The action is pending in the United States District Court for the Eastern District of Pennsylvania before the Honorable Jan E. DuBois.

LIDODERM ANTITRUST LITIGATION, MDL NO. 2521 (N.D. CAL.)

LGN represents end payor plaintiffs who allege that drug companies entered into an unlawful agreement to not compete in the marketing and sale of the generic version of Lidoderm. The action is pending in the United States District Court for the Northern District of California before the Honorable William H. Orrick.

PAYMENT CARD INTERCHANGE FEE AND MERCHANT DISCOUNT ANTITRUST LITIGATION

LGN represents a class of merchants that accepted Visa and MasterCard credit and debit cards in the United States. Plaintiffs allege an antirust conspiracy among Visa, MasterCard and their member banks regarding the merchant and interchange fees, or *swipe fees,* imposed as a condition of using their cards. This action is pending in the United States District Court for the Eastern District of New York. In December 2013, the District Court approved a settlement between the Plaintiff Class and Defendants for $6.05 billion, but that settlement was reversed on appeal. The case currently is in litigation.

DOMESTIC AIRLINE TRAVEL ANTITRUST LITIGATION

LGN represents plaintiffs who allege that American Airlines Group Inc., American Airlines, Inc., Delta Air Lines, Inc., Southwest Airlines Co., United Continental Holdings, Inc., and United Airlines, Inc., unlawfully restrained domestic air passenger travel capacity to raise airline ticket prices. The case is pending in the District of Columbia before the Honorable Colleen Kollar-Kotelly.

DOMESTIC DRYWALL ANTITRUST LITIGATION

LGN represents direct purchaser plaintiffs who allege that drywall manufacturers conspired to fix and raise the prices of drywall sold in the United States for commercial and residential construction and remodeling. The case is pending in the Eastern District of Pennsylvania before the Honorable Michael Baylson.

LITHIUM ION BATTERIES ANTITRUST LITIGATION

LGN represents direct purchaser plaintiffs who allege that manufacturers and distributors conspired to fix and raise the prices of lithium ion batteries in the United States. This litigation is venued in the United States District Court for the Northern District of California before the Honorable Yvonne Gonzalez Rogers.

BLOOD REAGENTS ANTITRUST LITIGATION

LGN represents a plaintiff class of direct purchasers who allege a conspiracy to artificially maintain and raise the price of blood reagents. Blood reagents test, match, detect, screen, diagnose and otherwise identify certain properties of the cell and serum components of human blood. This action is pending in the United States District Court for the Eastern District of Pennsylvania before Judge Jan E. Dubois.

PLATINUM AND PALLADIUM ANTITRUST LITIGATION

LGN represents plaintiffs who allege that BASF Metals, Goldman Sachs, HSBC, and Standard Bank manipulated and rigged the global benchmarks for physical platinum and palladium prices, known as the *Platinum and Palladium Fixings,* as well as the prices of platinum and palladium-based financial derivative products from 2008 through 2014. This action is currently pending in the United States District Court for the Southern District of New York before the Honorable Gregory H. Woods.

PLOSS, ET AL. V. KRAFT FOODS GROUP, INC. AND MONDELEZ GLOBAL LLC (WHEAT ANTITRUST)

LGN represents plaintiffs who allege that Kraft Foods and Mondelez Global manipulated cash wheat prices and wheat futures contracts. This action is pending in the United States District Court for the Northern District of Illinois before the Honorable Edmond E. Chang.

TRANSPACIFIC PASSENGER AIR TRANSPORTATION ANTITRUST LITIGATION

LGN represents plaintiff air travelers who allege that certain airlines conspired to maintain and raise prices for passenger air transportation between the United States and Asia/Oceania. This litigation was venued in the Northern District of California before the Honorable Charles R. Breyer. Settlements of $39.5 million have been recovered to date.

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION ATHLETIC GRANT-IN-AID LITIGATION

LGN represents current and former Division One student athletes who allege that the NCAA and its Power Conferences violated the antitrust laws by artificially capping the amount of Grants-In-Aid, or athletic scholarships, granted by NCAA member schools. This litigation was venued in the United States District Court for the Northern District of California before the Honorable Claudia Wilken. A settlement of $208,664,445 has been preliminarily approved.

Settled Cases

PRECISION ASSOCIATES, INC., ET AL. V. PANALPINA WORLD TRANSPORT (HOLDING) LTD., (FREIGHT FORWARDER ANTITRUST LITIGATION)

Settled: November 2016

LGN serves as co-lead counsel for a class of direct purchasers of freight forwarding services. Freight forwarders, also known as third party logistics providers, organize and transport items via air, ship, rail and truck, both nationally and internationally, and assist with customs clearance, warehousing and ground services. We alleged that defendants conspired to fix and inflate charges or prices for freight forwarding services. We obtained over $400 million in settlements for the class.

TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION

Settled: February 2013

LGN represented direct purchaser plaintiffs who alleged that sellers and distributors of TFT-LCD Products in the United States conspired to maintain and raise prices of LCD products. This litigation was venued in the United States District Court for the Northern District of California before the Honorable Susan Illston. The case settled for $473 million, after plaintiffs took the case to trial against one major producer and obtaining the jury’s verdict for the plaintiffs.

POTASH ANTITRUST LITIGATION (II)

Settled: June 2013

LGN was Co-Lead Counsel for direct purchaser plaintiffs, and obtained $90 million in settlements for persons and businesses in the United States who purchased potash in the United States from potash producers.

PLASMA-DERIVATIVE PROTEIN THERAPIES ANTITRUST LITIGATION

Settled: April 2014

LGN represented plaintiffs who alleged that manufacturers of blood plasma derivatives immunoglobulin and albumin colluded to restrict the supply, thereby increasing the prices of those blood therapies. This case was venued in the United States District Court for the Northern District of Illinois, Eastern Division before Judge Joan B. Gottschall. The case settled for $128 million.

CATHODE RAY TUBE (CRT) ANTITRUST LITIGATION

Settled: June 2017

LGN represented direct purchasers of cathode ray tubes (CRTs) and related products, who allege that the major CRT producers conspired to maintain and raise CRT prices in the United States. This litigation was venued in the United States District Court for the Northern District of California before the Honorable Jon S. Tigar. The case settled for $224.2 million.

OPTICAL DISK DRIVE ANTITRUST LITIGATION

Settled: April 2016

LGN represented direct purchasers who allege that producers and sellers of optical disk drives (ODDs) conspired to maintain and raise prices of ODDs sold in the United States. This litigation was venued in the United States District Court for the Northern District of California before the Honorable Richard Seeborg. The case settled for $74.9 million.

KIRK DAHL, ET AL., V. BAIN CAPITAL PARTNERS, LLC, ET AL., (THE PRIVATE EQUITY ANTITRUST LITIGATION), NO. 07-CV-12388 (D. MASS.)

Settled: March 2015

LGN served as co-counsel on behalf of shareholders in this action against the nation’s largest private equity firms who colluded to restrain competition to suppress prices paid to shareholders of public companies in connection with leveraged buyouts. After nearly seven years of hard-fought litigation, the court approved several settlements totaling $590.5 million. The aggregate settlement is the largest antitrust class action settlement involving market allocation in which no government antitrust action was taken.

PACKAGED ICE ANTITRUST LITIGATION

Settled: May 2012

LGN represented plaintiffs who alleged an antitrust conspiracy by United States and Canadian producers of packaged ice sold in the United States. This case was venued in the United States District Court for the Eastern District of Michigan before the Honorable Paul Borman. The case settled for $13.5 million.

REFRIGERANT COMPRESSORS ANTITRUST LITIGATION

Settled: May 2014

LGN represented plaintiffs who alleged that the manufacturers of refrigerator compressors and compressor products illegally fixed the prices of those products. This case was venued in the United States District Court for the Eastern District of Michigan before the Honorable Sean F. Cox. This case settled for approximately $30 million.

  • Antitrust Law Developments (Eighth) (American Bar Association) (2017), Anna M. Horning Nygren and Kristen G. Marttila, contributors.
  • Annual Review of Antitrust Law Developments (American Bar Association Section of Antitrust Law), Craig S. Davis, contributor (2014); Kristen G. Marttila, contributor (2013, 2014, and 2015); Devona L. Wells, contributor (2013, 2015).
  • DOJ Civil Antitrust Practice and Procedure (American Bar Association Section of Antitrust Law) (2016), Heidi M. Silton and Devona L. Wells, contributors.
  • The Discovery Evolution of European Commission Competition Law Documents, 9 Global Competition Litigation Review no. 3, at 96 (2016), Heidi M. Silton and Craig S. Davis, authors.
  • New English Court Limitations On Discovery May Be In Conflict With European Union Courts, 9 Global Competition Litigation Review no. 1, at R4 (2016), Heidi M. Silton and Craig S. Davis, authors.
  • Towards A More Transparent Class Settlement: The Proposed Amendments To Rule 23 And The Effect Of Sealed Court Filings On Class Settlements, Perspectives In Antitrust, Oct. 2016, at 8, Kristen G. Marttila, author.
  • Federal Practice Committee: New Federal and Local Rules on Civil Discovery, Bar Talk, May 26, 2016, Kristen G. Marttila, author.
  • ACPERA – Emerging Guidance and New Questions, The Antitrust Lawyer, Spring 2015, Kristen G. Marttila, author.
  • Trending Methods of International Service of Process:@elusivedefendant #youcanrunbutyoucan’thide #HagueConvention, 31 No. 19 Westlaw Journal Computer and Internet 1 (February 27, 2014), Heidi M. Silton, author.
  • A Conspiracy of Note (and your withdrawal should be too), American Bar Association Journal Law News Now (March 2013), Heidi M. Silton, author.
  • Private Enforcement of Antitrust Law in the United States, Edward Elgar Publishing (UK) (October 2012), Joseph Bruckner, contributing author.
  • Pfleiderer AG v. Bundkeskartellamt: A Step Forward in Efforts to Obtain Discovery From European Commission Antitrust Proceedings, 19 No. 6 Westlaw Journal Antitrust 1 (Sept. 8, 2011), Heidi M. Silton, co-author.
  • International Handbook On Private Enforcement Competition Law Edward Elgar Publishing (UK) (December 2010), Joseph Bruckner, contributing author.
  • Recent US Criminal Antitrust Developments, ABA Section of Antitrust Law, Sherman Act Section 1 Committee Summer 2009 Newsletter, Elizabeth R. Odette, author.
  • In re OSB Antitrust Litigation — Class Certification Decisions, ABA Section of Antitrust Law, Sherman Act Section 1 Committee Spring 2008 Newsletter, Elizabeth R. Odette, author.
  • “Antitrust Issues In Private Enforcement Actions Against Agricultural Industries,” The American Antitrust Institute, Private Antitrust Enforcement Conference (November 7, 2017), W. Joseph Bruckner, speaker and moderator.
  • “Examining Rule 34,” Sedona Conference WG1 Mid-Year Meeting (May 5, 2017), Brian D. Clark, speaker.
  • “Fundamentals – Consumer Protection” American Bar Association Antitrust Law Section Annual Spring Meeting (March 28-31, 2017), Heidi M. Silton, speaker and panelist.
  • The Cambridge Antitrust Litigation Forum (2013, 2014, 2016, 2017), W. Joseph Bruckner, speaker and panelist.
  • “The Proof is on My Phone: Dealing with Discovery in the Era of Social Media & Smart Phone Apps,” Legal Services State Support CLE (August 25, 2016), Brian D. Clark, speaker.
  • “Of Cloning And Cheese Conspiracies: An Update On Private Civil Agricultural Antitrust Litigation,” presented at the American Agricultural Law Association in Charleston, South Carolina (October 23, 2015), Craig S. Davis, speaker.
  • Pitfalls of Class Action Notice and Claims Administration, presented at Practicing Law Institute’s Class Action Litigation Conference (July 9, 2014), Karen Hanson Riebel, speaker.
  • The American Bar Association, Civil Practice and Cartel & Criminal Practice Committees, program on the Foreign Trade Antitrust Improvements Act (May 14, 2014), W. Joseph Bruckner, speaker and panelist.
  • “Hot Topics in Obtaining Discovery in Foreign Countries” at the University of Minnesota Law School as part of an Electronic Discovery Seminar (March 4, 2014), Heidi M. Silton, speaker.
  • The American Bar Association Antitrust Law Section Annual Spring Meeting (April 10-12, 2013), W. Joseph Bruckner, speaker and panelist.
  • “Hot Topics in Antitrust Law” at a Minnesota Women Lawyers CLE (January 18, 2012), Heidi M. Silton, speaker.
  • Hypotheticals for Practical Application” at the MSBA CLE on Antitrust Law Issues in Intellectual Property Litigation and Licensing (May 25, 2011), Heidi M. Silton, speaker.

Our Current Investigations

German Auto Manufacturers Antitrust Litigation
Broiler Chicken Antitrust Litigation