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Antitrust

Federal and state antitrust laws promote economic freedom by ensuring the existence of competitive markets. We have a strong record of successfully litigating antitrust cases against such monopolistic practices as price-fixing, mergers between corporations that reduce competition, and agreements between competitors that restrict supply or output to keep prices artificially high. With extensive experience in antitrust law, theory, and economics, our firm has a history of success in antitrust litigation and advocacy.

Supply Restriction and Price-Fixing Conspiracy

Automotive Wire Harnesses Antitrust Case

Jonathan Cuneo will serve as Interim Co-lead Counsel on behalf of car dealerships in 31 states and territories in a class action against Japanese auto parts makers; In re Automotive Wire Harness Systems Antitrust Litigation, 12-md-02311-MOB (U.S. District Court for the Eastern District of Michigan). The lawsuit alleges a global conspiracy of price-fixing and bid-rigging for wire harnesses and related products.

CGL and other Co-Lead Counsel will pursue automobile dealerships' claims as part of a broader investigation into the auto parts industry, which the U.S. Department of Justice has called "the largest criminal investigation [DOJ] has ever pursued, both in terms of its scope and the potential volume of commerce affected by the alleged illegal conduct."

Read the DOJ Press Release (01/30/12)

OSB Antitrust Case

In 2009, we successfully represented a putative class of direct purchasers of Oriented Strand Board (OSB) in In re OSB Antitrust Litigation, alleging that the defendants conspired to raise OSB prices by reducing the supply of OSB during a time of significant demand for the product, and also conspired to raise and fix OSB prices through the publication of a uniform price list. On December 3, 2008 Judge Diamond issued an order approving a final settlement for the class members for over $120 million.

Disposable Contact Lens Antitrust Litigation

Our firm recovered $92 million from Johnson and Johnson for consumers in this case against collusion in the disposable contact lens industry. Major manufacturers of disposable contact lenses conspired with the American Optometric Association to boycott sales to online and 1-800 contact lens suppliers, who were selling the lenses at lower prices than optometrists.

Tying Arrangements

Visa/MasterCard

The Attorney General of West Virginia appointed Jonathan Cuneo and Daniel Cohen to prosecute an action against Visa/MasterCard for alleged violations of West Virginia's consumer and antitrust statutes. The case involved a policy maintained by Visa and MasterCard that required merchants to accept Visa/MasterCard debit cards if, as nearly all merchants do, they also accepted Visa/MasterCard credit cards.

The complaint alleges that this "honor all cards" policy resulted in the escalating use of the Visa and MasterCard debit cards by consumers, while forcing merchants to accept them and pay artificially inflated fees for their use that were passed along to consumers. The case settled in 2009 for over $16 million.

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Natural Gas Antitrust Cases

The counties of Los Angeles and San Bernadino retained CGL to pursue litigation against El Paso Natural Gas Co. and Sempra Natural Gas, suppliers of natural gas in Southern California. We alleged collusion to restrict supply of natural gas, creating subsequent dramatic price increases. Serving as co-counsel for both counties as well as several public and private entities in this major antitrust case, we achieved settlements for our clients in excess of $39 million after years of hard-fought litigation.

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