Covington has successfully litigated many complex civil and criminal antitrust matters, including nationwide class actions, consolidated multidistrict cases, short-fuse preliminary injunction proceedings, and appeals up through the United States Supreme Court. Our experience encompasses jury and bench trials in state and federal courts and before administrative agencies, and has involved such diverse industries as chemicals, communications, energy, financial services, life sciences, sports, and transportation. We combine industry expertise with first-class litigation skills to develop innovative and efficient solutions to litigation challenges.
Representative Matters
- Precision Associates, Inc, et al v. Panalpina World Transport (Holding) Ltd, et al. Represent Expeditors International of Washington, Inc. in class action against freight forwarders alleging a conspiracy to fix prices of freight forwarding services sold in the United States in violation of Section 1 of the Sherman Act.
- In re Rail Freight Fuel Surcharge Antitrust Litigation. Represent Union Pacific Railroad Company in multidistrict class action litigation alleging price-fixing of freight fuel surcharges in violation of antitrust laws. District Court granted motion to dismiss state claims on preemption grounds. D.C. Circuit affirmed.
- Arminak & Associates v. MeadWestvaco Corp. Represent MeadWestvaco in Section 2 Sherman Act case alleging monopolization of trigger sprayers.
- In re Digital Music Antitrust Litigation. Represent Bertelsmann, Inc. in multidistrict class action litigation alleging violations of antitrust laws with respect to digital music.
- FTC v. Schering-Plough, 402 F.3d 1056 (11th Cir. 2005). Successfully defended antitrust case brought against pharmaceutical company alleging that so-called “reverse payment” patent settlements were anticompetitive. Case involved a successful nine-week trial, and a landmark decision in the Court of Appeals dismissing all allegations in the case.
- Fragomen Del Rey Bernsen & Loewy, LLP, the nation's leading immigration law firm, in monopolization case brought by competitor; obtained stay of discovery and then grant of summary judgment on the merits dismissing antitrust claims based on market definition defects before any discovery got underway.
- Wells Fargo in putative antitrust class action involving credit card fees.
- Bank of America in a putative antitrust class action challenging ATM interchange fees.
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