Antitrust Class Action

Antitrust

It is illegal in the United States for competitors to engage in unfair and anticompetitive trade practices, such as price-fixing, bid rigging and market allocation. These anticompetitive practices hurt consumers and are prohibited by federal and state antitrust laws.

Bernstein Liebhard has a long history of representing plaintiffs in antitrust class actions and has recovered millions of dollars for its clients and the classes we have represented.

The Firm is currently representing dentists in In re Delta Dental Antitrust Litigation, No. 19-CV-6734-EEB, MDL 2931 (N.D. Ill.), an antitrust class action filed against Delta Dental State Insurers, DeltaUSA, and Delta Dental Plans Association alleging a coordinated agreement not to compete among the various separate Delta Dental entities and the unlawful misuse of monopsony power in the market for dental insurance throughout the United States in violation of  the Sherman Antitrust Act and the Clayton Act.

Partner Stephanie M. Beige is a member of the Direct Purchaser Litigation Team in In re Juul Direct Purchaser Antitrust Action, 20-cv-02345 (WHO), a generic drug antitrust class action seeking damages for violations of Section 1 of the Sherman Act, 15 U.S.C. § 1, and Section 7 of the Clayton Act, 15 U.S.C. § 18. The e-cigarette antitrust claims stem from an allegedly anticompetitive agreement (“agreement”) between Altria Group, Inc. (“Altria”) and JUUL Labs, Inc. (“JUUL”), whereby Altria agreed to acquire an ownership interest in JUUL in exchange for over $12 billion in cash. Altria allegedly agreed not to compete with JUUL and to provide JUUL valuable retail shelf space in the e-cigarette market. Through this agreement, JUUL was able to maintain its dominance in the e-cigarette market and earn monopoly profits. Altria then shared these profits through its ownership stake in JUUL.

The Firm has served in leading roles in numerous antitrust class action over its 30-year history, recovering millions for its clients and the classes we have represented.

• The Firm served as co-lead counsel and co-trial counsel in In re Processed Egg Products Antitrust Litigation, No. 08-MD-2002 (E.D. Pa.), an antitrust class action alleging an near industry-wide price fixing conspiracy that included the restriction of egg production through a sham animal-welfare program that reduced the laying hen flock sizes, express agreements to coordinate molting schedules and flock reductions, and an export program that sold eggs at a loss in order to reduce domestic supplies and raise prices. $136 million was recovered for the Class.
• The Firm served on the Plaintiff’s Executive Committee and recovered $400 million in an antitrust class action alleging a price-fixing conspiracy by some of the world’s largest manufactures of flexible polyurethane foam in In re Polyurethane Foam Antitrust Litigation, MDL No. 2196 (N.D. Ohio).
• The Firm served on the Executive Committee in In re Packaged Seafood Products Antitrust Litigation, No. 15-MD-2670-JLS (MDD) (S.D. Ca.), an action arising out of an alleged conspiracy by the largest producers of packaged seafood products in the United States to fix, raise, maintain and/or stabilize prices for packaged seafood ($152 million recovery).
• The Firm was part of the litigation team in In re Broiler Chicken Antitrust Litigation, No. 16-CV-08637 (TMD) (N.D. Ill.), an action alleging that broker chicken producers coordinated their efforts to artificially reduce the supply of broiler chickens for sale in the United States (over $280 million recovered).
• The Firm served on the Direct Purchaser Plaintiffs’ Executive Committee and recovered $19.5 million for direct purchases of fresh and processed potatoes in In re Fresh and Processed Potatoes Antitrust Litigation, No. 10-MD-02186-BLW-CWD (D. Idaho).

Anticompetitive activity occurs when a company abuses its monopoly power or engages in conduct that prevents competition or restrains market trade in order to remain a market leader in a particular area.  Examples of anticompetitive activity include:

• horizontal price-fixing (two or more competitors agree on what price to charge or pay)
• vertical price-fixing (seller and buyer agree at what price product should be resold)
• market allocation (two competitors agree not to compete in a particular area or product)
• Pay for delay agreements (brand pharmaceutical companies pay generic competitors to delay the entry of generics to the market).
• predatory pricing (a company lowers prices below cost to drive a competitor out of business)
• exclusive franchise agreements (a seller grants a buyer the exclusive right to resell a product or service)
• territorial and customer restrictions (a seller grants a buyer the exclusive right to resell in a particular territory or to a particular customer).

The attorneys at Bernstein Liebhard LLP have decades of experience litigating antitrust class actions on behalf of plaintiffs injured by anticompetitive practices. If you believe you have been injured as a result of, or have information about, an antitrust violation, please contact Stephanie M. Beige.