Antitrust and Competition

United States v. Dentsply International Inc. (D. Delaware). Won a trial verdict in a case brought by the Department of Justice’s Antitrust Division alleging that a client’s exclusive dealer policy violated Sections 1 and 2 of the Sherman Act.

Mountain West, et al. v. Bowl Championship Series, et al.— Represented sports conference and college football teams in antitrust challenge to the BCS college football system. Case settled and helped precipitate a college football playoff system.

United States v. International Paper Co., et al. (S.D. Texas). Criminal Antitrust Jury Trial. Represented defendant Mead Corporation in a criminal jury trial based on the indictments of 32 companies and individuals alleging a nationwide price fixing conspiracy in the corrugated container industry. Mead was acquitted.

In re Disposable Contact Lenses Antitrust Litigation. (M.D. Florida). Defended Johnson & Johnson at trial against complaint brought by a national consumer class and 32 state attorneys general alleging that the client’s selective distribution policy regarding its sale of contact lenses violated Section 1 of the Sherman Act. Defeated three separate state class actions bringing similar claims.

ZF Meritor LLC, et al. v. Eaton Corporation (D. Delaware). Civil Antitrust – Jury Trial. Represented defendant Eaton Corporation defending allegations of monopolization and exclusive dealing in the manufacture and sale of heavy duty truck transmissions.

Lear Corporation – Eagle Ottawa. Represented automotive seat manufacturer Lear Corporation in $850 million acquisition of automotive leather supplier Eagle Ottawa. Transaction required, and received approval from Competition Authorities in the United States, China South Korea and the European Union.

Alvord-Polk, Inc., et al. v. F.C. Schumacher Co. (E.D. Pennsylvania). Tried to a hung jury a Sherman Act group boycott claim challenging a client’s selective distribution system.

Arminak & Associates, Inc. v. MeadWestvaco Calmar, Inc. (C.D. California). Defended global manufacturer of trigger sprayers accused of violating federal and state antitrust laws through alleged exclusive dealing contracts and below-cost pricing.

Deloach v. Philip Morris, et al. (M.D. North Carolina). Represented class of tobacco farmers in action against all major tobacco companies for bid-rigging under section of the Sherman Act.

Go Figure, Inc. v. Curves International, Inc. (S.D. Texas). Defended world’s largest fitness center franchise against Section 1 tying and Section 2 attempted monopolization claims brought by former supplier of Curves club management software.

GTE New Media Servs. v. BellSouth Corp.,et al. (D. District of Columbia). Represented Plaintiff GTE Media Services, Inc. (“GTE”) against various defendants, including BellSouth Corp., SBC Communications Inc., Pacific Bell, US West, Inc., and others for alleged violations of Sections 1 and 2 of the Sherman Antitrust Act.

Hewlett-Packard Co. v. Boston Sci. Corp. (D. Massachusetts). Represented Defendant Boston Scientific in a private antirust action alleging monopolization.

Hill-Rom – Welch Allyn. Represented healthcare technology company Hill-Rom in its $2 billion acquisition of Welch Allyn, which required approval by United States and European Competition Authorities.

Home Depot USA, Inc. v. DuPont, et al. (N.D. California). Represented Titanium Dioxide manufacturer in defense of price-fixing claims under Section 1 of the Sherman Act.

In re Cathode Ray Tubes Antitrust Litigation. (N.D. California). Defended manufacturer of cathode ray tubes in defense of national direct and indirect purchaser class actions alleging price fixing conspiracies in violation of federal and state antitrust laws.

In re Corrugated Container Antitrust Litigation (S.D. Texas). Multidistrict Antitrust Jury Trial. Represented defendant Mead Corporation in a nationwide class action jury trial resulting from the multidistrict consolidation of several class actions alleging price fixing of corrugated containers.

In re Evanston Northwestern Corp. Antitrust Litigation (N.D. Illinois). Represented Defendant Evanston in a class action alleging monopolization of hospital services by acquisition of another hospital in the northwest suburbs of Chicago.

In re Intel Microprocessors Antitrust Litigation. (D. Delaware). Represented leading manufacturer of microprocessors in more than 80 class actions in United States District Court, District of Delaware, alleging that client’s marketing and sales practices violated federal and state antitrust laws. Based on a discovery plan and class strategy that Rick developed, the court denied class certification.

In re Lower Lake Erie Iron Ore Antitrust Litigation (E.D. Pennsylvania, Philadelphia). Multidistrict Antitrust Jury Trial. Represented plaintiffs Jones & Laughlin Steel Corp., and Republic Steel Corp., against the major northeastern railroads alleging antitrust claims of group boycott and monopolization of docks on Lake Erie used for the transshipment of raw iron ore used in the manufacture of steel in Ohio and Pennsylvania. Obtained jury verdict and damages in excess of $600 million. Case was upheld on appeal and cert was denied by the U.S. Supreme Court.

In re Organic Peroxide Antitrust Litigation. (D. District of Columbia). Represented manufacturer of organic peroxide in defense of national direct and indirect purchaser class actions alleging price fixing conspiracies in violation of federal and state antitrust laws.

In re Wholesale Grocery Products Antitrust Litigation (D. Minnesota). Civil Antitrust – Represented Defendant C&S Wholesale grocers in putative antitrust class action alleging illegal market allocation scheme.

Kreuzer v. American Academy of Periodontology (D. District of Columbia). Represented Defendant in claims of conspiracy to restrain trade in violation of § 1 of the Sherman Antitrust Act, 15 U.S.C.S. § 1.

Lubrizol Corporation – Weatherford International. Represented Weatherford International in $750 million divestment of its Oilfield Chemicals and Drilling Fluids business to Lubrizol corporation which required, and received approval from United States and foreign Competition Authorities.

Pacific Great Lakes Corp. v. Bessemer & Lake Erie R.R., et. al. (Ohio State Court, Cuyahoga County). Represented Plaintiff Pacific Great Lakes in an antitrust action alleging group boycott by defendant railroad companies of Pacific Great Lake’s independent dock on Lake Erie for the transfer of iron ore from lake vessels to railroad cars.

Pinney Dock and Transport Co., et al. v. Penn Central Corp. et. al. (N.D. Ohio). Represented plaintiffs Pinney Dock and Litton Industries in a group boycott antitrust case against railroads refusing services to non-railroad owned docks on the Great Lakes.

SmithKline Beecham Corp., d/b/a GlaxoSmithKline v. Abbott Laboratories (N.D. California). Civil Antitrust – Represented defendant Abbott in antitrust monopolization and breach of license agreement matter alleging more than $1 billion in damages.

Southern Marine Supply v. Benrock, Inc, et al. (E.D. Arkansas). Represented dominant supplier of marine engine parts and accessories in defense of a group boycott claim brought under Sections 1 and 2 of the Sherman Act.

The Medical Center at St. Elizabeth’s Place v. MedAmerica Corp., et al. (S.D. Ohio). Represented a physician-owned hospital bringing a Section 1 group boycott claim against competitor hospitals in Dayton, Ohio.

United States v. Boston Scientific Corp. (D. Massachusetts). Representing Defendant Boston Scientific in an Investigation and litigation relating to the alleged breach of a merger consent decree.

Blanchard & Co. v. Barrick Gold Corp., et al. (E.D. La.). Represented largest gold producer in the world in case involving allegations of antitrust conspiracy to artificially manipulate the price of gold.

Systemcare, Inc. v. Wang Laboratories (D. Colorado). Represented Defendant Wang Labs in an antitrust action brought by Systemcare alleging an illegal tying arrangement related to computer products and services.