From auto parts and air cargo to Hatch-Waxman and LIBOR, Covington’s antitrust litigation team has set the standard for managing high-stakes, complex matters for clients such as Citibank, Microsoft, Merck, the Union Pacific Railroad, and the National Football League. We have successfully defended cartel prosecutions, nationwide class actions, consolidated MDL proceedings, competitor disputes, short-fuse preliminary injunction proceedings, and appeals up through the United States Supreme Court. We also have a strong track record of finding creative ways to resolve cases early, taking into account all of the client’s legal, financial, and business objectives.
Our antitrust group was recently ranked among the top twenty such practices in the world by Global Competition Review and our white collar defense practice was recognized by The National Law Journal as the “Litigation Department of the Year” in that category for 2013. Co-chaired by Tom Barnett and Deb Garza, two former heads of the Antitrust Division of the U.S. Department of Justice, our team includes several other former high-ranking U.S. DOJ and Federal Trade Commission officials, four Fellows of the American College of Trial Lawyers, and twelve former Assistant U.S. Attorneys. Our European competition litigation team has substantial experience in the full spectrum of cases before the EU Courts, including the Court of Justice and the General Court of the EU, as well as at the Member State level.
Representative Matters
- In re LIBOR-Based Financial Instruments Antitrust Litigation. Representing Citibank in scores of class actions concerning alleged fixing of the London Interbank Offered Rate, or Libor, in violation of the antitrust laws. These cases are the largest antitrust cases in history, essentially seeking damages on behalf of any entity or person who tied a financial instrument to LIBOR. The antitrust claims were dismissed in their entirety.
- In re K-Dur Antitrust Litigation. Representing Schering-Plough (now Merck) in multi-district class action litigation challenging so-called reverse payment settlements of pharmaceutical patent litigation. Obtained denial of certification of indirect purchaser class, after which indirect purchasers voluntarily dismissed their case. The team previously defeated the FTC at trial in an action on the same facts, and will now have the opportunity to resolve the direct purchaser portion of the case under a recent Supreme Court decision.
- In re High-Tech Employee Antitrust Litigation. Representing Pixar in multi-defendant federal antitrust class action litigation alleging an unlawful agreement among certain Silicon Valley firms to limit their recruiting of each other’s employees.
- Representing Microsoft in connection with Cisco’s appeal against the European Commission’s decision to approve Microsoft’s acquisition of Skype.
- Representing one of the world’s leading oil companies in its appeal to the EU General Court seeking annulment of the European Commission’s decision relating to the Dutch Bitumen Cartel.
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