Antitrust Cases
Air Cargo - Price Fixing
In re Air Cargo Shipping Services Antitrust Litigation, 06-MD-1775 (CBA) (VVP) (U.S. District Court for the Eastern District of New York).
We represent the plaintiffs in a suit challenging collusion in the air cargo industry to fix prices on surcharges for fuel, security, and insurance. The surcharges are imposed by major airlines acting as airfreight shipping providers that deliver the cargo. These surcharges are fees paid by the air freight customers to compensate the airfreight carriers for certain external costs after 9/11 for war-risk insurance premiums and other external costs.
For additional information, please contact Daniel M. Cohen.
Leegin - Retail Price Maintenance (RPM)
Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480 (U.S. Supreme Court)
We filed an amicus curiae brief on behalf of a prominent discount retailer urging the U.S. Supreme Court not overrule its century-old precedent in Dr. Miles Medical Co. v. John D. Park & Sons. Dr. Miles interpreted the Clayton Act to prohibit vertical price-fixing agreements.
Natural Gas - Supply Restriction Agreements
Natural Gas Antitrust Cases I, II, III & IV, J.C.C.P. Nos 4221, 4224, 4226 & 4228 (California Superior Court, County of San Diego)
We serve as co counsel (along with Blecher & Collins, P.C.) for the County of Los Angeles, the County of San Bernardino, and several other public and private entities in a major antitrust case charging suppliers of natural gas in Southern California with agreeing to restrict supply, which caused dramatic price increases. After several years of hard-fought litigation, we achieved settlements for our clients in excess of $35 million.
For additional information, please contact Jonathan W. Cuneo.
OSB Antitrust - Price-Fixing Conspiracy
In re OSB Antitrust Litigation, 06-CV-826-PD (U.S. District Court for the Eastern District of Pennsylvania)
The firm is involved in a price-fixing class action representing a class of direct purchasers of Oriented Strand Board (“OSB”). Defendants conspired to raise OSB prices by reducing the supply of OSB during a time of significant demand for the product. Defendants also conspired to raise and fix OSB prices through the use of a uniform price list that was published twice a week. On August 3, 2007 Judge Diamond issued an opinion denying a motion to dismiss the case and also issued a separate 22-page opinion that certified the class of direct purchasers “who purchased OSB structural panel products in the United States directly from defendants during the class period from June 1, 2002, through the present.”
For additional information please contact Daniel M. Cohen.Visa/MasterCard - Tying Arrangements
State of West Virginia ex rel. Darrell V. McGraw, Jr. Attorney General, v. Visa U.S.A. Inc., Civil Action No. 03-C-551 (West Virginia Circuit Court)
We have been appointed by the West Virginia Attorney General to prosecute an action against Visa/MasterCard for alleged violations of West Virginia's consumer and antitrust statutes. The case involves 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 and forced merchants to accept them and pay artificially inflated fees for their use that were passed along to consumers.
For additional information, please contact Daniel M. Cohen.