- Home
- Capabilities
- Antitrust Litigation
Antitrust Litigation
Antitrust litigation presents multiple challenges: significant damages exposure, difficult economic and commercial subject matters, and complex procedural settings. They are often “bet-the-company” cases. V&E has the experience and capability to represent plaintiffs and defendants in high-stakes antitrust litigation, in state and federal courts, and in domestic and international arbitrations.
The Legal 500 US: Antitrust – Civil Litigation/Class Actions: Defense, 2018-2024
Scope of practice
V&E litigators have experience in all manner of antitrust and competition-law disputes under state and federal law, including monopolization, restraint of trade, and unfair competition claims, raising antitrust theories including price-fixing, bid-rigging, market division, exclusive dealing, tying, group boycotts, joint purchasing and selling, conscious parallelism, predatory pricing, price discrimination, indirect purchaser claims, sham litigation, abuse of intellectual property rights, and more.
Industry focus and economic proficiency
Antitrust litigation requires lawyers who can learn and understand their clients’ businesses, analyze the economic and competitive factors that affect those businesses, and educate judges, juries, and regulators. Having handled antitrust disputes in varied fields like energy, chemicals, technology, health care, insurance, housing, airlines, finance, natural resources, transportation, and securities, and drawing on V&E’s diverse nationwide litigation practices, V&E antitrust lawyers hit the ground running. Our lawyers dig deep to understand how industries work and then simplify and present the facts in even the most complicated matters.
Class actions and multi-district litigation
Because antitrust claims often involve allegations that businesses engaged in conduct that affected thousands or even millions of customers, antitrust litigation often takes place at a scale that can overwhelm the unprepared. V&E’s antitrust litigators are experienced in class action defense, having repeatedly fought off class certification efforts at the trial and appellate levels in both state and federal courts. When large numbers of parallel individual cases emerge in jurisdictions around a state or around the country, V&E’s experience in multi-district litigation helps clients consolidate and manage the burden of waves of lawsuits.
Our experience successfully litigating and resolving antitrust multi-district litigations is extensive, with key representations in many of the most substantial antitrust MDLs ever filed, including:
- In re Lithium-ion Batteries Antitrust Litigation, MDL No. 2420 (N.D. Cal.);
- In re RealPage, Inc., Rental Software Antitrust Litigation (MDL pending);
- In re Dealer Management Systems Antitrust Litigation, MDL No. 2817 (N.D. Ill.);
- In re Dynamic Random Access Memory (DRAM) Antitrust Litigation, MDL No. 1486 (N.D. Cal.);
- In re Static Random Access Memory (SRAM) Antitrust Litigation, MDL No. 1819 (N.D. Cal.);
- In re TFT-LCD (Flat Panel) Antitrust Litig., MDL No. 1827 (N.D. Cal.);
- In re Flash Memory Antitrust Litigation, MDL No. 1852 (N.D. Cal.);
- In re Cathode Ray Tube (CRT) Antitrust Litigation, MDL No. 1917 (N.D. Cal.);
- In re Broiler Chicken Antitrust Litigation, MDL No. 2977 (N.D. Ill.);
- In re Turkey Antitrust Litigation, MDL No. 2295 (N.D. Ill.); In re Chocolate Confectionary Antitrust Litigation (M.D. Pa., 3d Cir.);
- In re: Automotive Parts Antitrust Litigation (E.D. Mich.);
- In re Delta/AirTran Baggage Fee Antitrust Litigation (N.D. Ga.);
- In re Optical Disk Drive Antitrust Litigation (N.D. Cal.);
- In re Diisocyanates Antitrust Litigation, MDL No. 2862 (W.D. Pa.)
- In re Domestic Airline Travel Antitrust Litigation, MDL No. 2656 (D.D.C.)
- In re Rail Freight Fuel Surcharge Antitrust Litigation (No. II), MDL No. 2925 (D.D.C.)
- In re Municipal Derivatives Antitrust Litigation, MDL No. 1950 (S.D.N.Y.); among others.
Experience Highlights
Represent Wanhua Chemical (America) Co., Ltd. and Wanhua Chemical Group Ltd. in civil class action litigation alleging a conspiracy to restrict production and supply of chemicals MDI and TDI. V&E also represented Wanhua in connection with a grand jury subpoena, which led to DOJ closing its investigation without taking any action
Represent major shippers in antitrust lawsuits against the major railroads for price fixing fuel surcharges, and have been appointed co-liaison counsel to lead more than 100 related cases
Represent multiple Delta Dental companies in consolidated class actions alleging a conspiracy to raise or stabilize insurance reimbursement payments to dentists via a market-division and price-fixing schemes
Represent multiple defendants in a series of consolidated class actions alleging a conspiracy to fix or stabilize the price of multifamily residential housing via the use of a common algorithm
Represent U. S. Steel in litigation concerning an alleged group boycott of a foreign steel manufacturer
Represent Lukoil Pan Americas, LLC in litigation concerning an alleged conspiracy to rig bids for tenders from Venezuelan national oil company and fix prices on oil field equipment sold to the same company
Represent Hitachi Automotive Systems Americas, Inc. and affiliates in litigation related to alleged price fixing of several auto parts
Represented Southwest Airlines, Inc. in more than 100 lawsuits concerning whether the four major airlines unlawfully agreed to restrain the growth of airline capacity and increase air travel fares
Represented AirTran Airways, Inc. in a multi-district antitrust putative class action alleging that AirTran and Delta conspired on first bag fees. V&E won summary judgment in favor of AirTran, which the Eleventh Circuit summarily affirmed in March 2018 and collected statutory costs
Represent Maxell, Ltd., Maxell Corporation of America, and Samsung SDI Co., Ltd. in antitrust litigation alleging a conspiracy to fix and raise prices of batteries and finished products containing batteries
Represented Heartbrand Beef, Inc. against claims of conspiracy to restrain trade and monopolization in the market for premium beef in the United States; after a seven-day trial, the jury found in favor of the client, awarding both actual and exemplary damages
Represented a major independent grocer in a National Advertising Division proceeding concerning price comparison advertising by rival grocery chain
Obtained a substantial victory for technology client upholding the district court’s denial of class certification in the In re Optical Disk Drive Products antitrust litigation
Representing a global manufacturer of titanium dioxide in a matter pertaining to ongoing titanium dioxide antitrust litigation; the case, brought by an individual company and an alleged nationwide class of indirect purchasers of titanium dioxide, alleges our client and others conspired to fix the prices of titanium dioxide sold in the U.S. during a certain time period; the cases are currently in discovery
Represent a major midstream service provider before the Texas Railroad Commission and in related state court litigation regarding demands for access to the company’s distribution system connecting oil and gas terminals, refineries, and import/export facilities
Represent a major independent pharmacy chain in allegations that more than 7 million purchases of generic drugs had been mispriced. The state district court granted the pharmacy’s motion for summary judgment and held it was not liable on the class representative’s claims
Represented health care system in private civil lawsuits brought by two physicians alleging Section 1 violations associated with the implementation of new credentialing requirements which resulted in the termination of medical staff privileges for the two plaintiffs; both lawsuits were settled favorably on behalf of client
National counsel defending industry-leading multinational electronics companies in price-fixing class actions, individual plaintiff actions, and state attorney general actions regarding cathode ray tube products
Antitrust counsel for Samsung Electronics defending IP-related antitrust claims in multi-billion dollar litigation with Rambus, coordinating with patent counsel in worldwide related proceedings
Represented leading international electronic component manufacturers in criminal proceedings and civil price-fixing class actions, opt-out cases and State Attorneys General actions concerning thin film transistor liquid crystal display products, including groundbreaking litigation regarding the Antitrust Criminal Penalty Enhancement Reform Act (618 F.Supp.2d 1194) and dismissal of multi-billion dollar opt-out claims based on overseas purchases under the Foreign Trade Antitrust Improvements Act
Representing MasterCard in coordinated class actions and related settlement appeals concerning alleged payment card tying and network exclusionary practices
Secured complete dismissal of all claims against electronics company in boycott and monopsonization case relating to smartphone patent licensing, based on lack of antitrust standing and failure to allege a plausible conspiracy; obtained affirmance of defense judgment on appeal to the Ninth Circuit Court of Appeals
As lead counsel for major global provider of cybersecurity products, obtained complete dismissal of antitrust boycott and refusal to deal claims regarding testing standards development, as well as closure of related Department of Justice Antitrust Division investigation without action
Lead antitrust counsel for automotive component supplier seeking declaratory relief and determination and imposition of FRAND licensing terms in action challenging monopolization and concerted refusal to license alleged standard essential patents relevant to cellular standards on FRAND terms and conditions
As lead trial counsel, defended telescope manufacturer against price-fixing, market allocation, attempted monopolization, and related state law claims, including through six-week jury trial
Obtained complete dismissal of sham litigation, predatory pricing and state unfair competition counterclaims in patent infringement action concerning electric grid voltage optimization technology
Lead counsel for global European energy company with respect to civil investigative requests from the California Attorney General and related civil litigation regarding allegedly anticompetitive energy trading practices