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Covington is skilled in all aspects of representing clients in antitrust class actions, not only with respect to the substantive antitrust claims but also in managing the intricacies of the class-action process.
We have a very active federal and state antitrust class actions practice. Current matters and prior actions in which our lawyers have been involved, some of which are described below, cover the full panoply of substantive antitrust issues, including price-fixing, market allocation, and monopolization under federal and state antitrust laws.
We have had considerable success at every stage of class action antitrust proceedings, from winning motions to dismiss, to prevailing on class certification issues, to winning summary judgment and, where necessary, proceeding to trial and appeal. We work closely with clients to craft cost-effective strategies in light of the client’s position relative to other parties. We have taken lead roles, co-equal roles and secondary roles according to the client’s needs and the demands of the case. In appropriate circumstances, we have also negotiated settlements of class-action claims, structured to minimize the financial impact on our clients while providing maximum protection against new claims. On both merits and class-action issues, we have worked closely with the nation’s top antitrust economists and other expert witnesses in a variety of industries and disciplines.
Representative Matters
- In re Rail Freight Fuel Surcharge Antitrust Litigation. Represent Union Pacific Railroad Company in class action litigation alleging fixing of freight fuel surcharges by the major railroads. District Court granted motion to dismiss indirect purchaser state law claims on preemption grounds. D.C. Circuit affirmed.
- In re Wellbutrin XL Antitrust Litigation. Represent Valeant Pharmaceuticals Int’l, Inc. in a class action alleging wrongful exclusion of generic competition for blockbuster drug through wrongful patent litigation and citizen’s petition to FDA.
- Hariharan v. Adobe Systems, Inc. Represent Pixar in a class action in federal court in the Northern District of California alleging an agreement among Pixar, Lucasfilm, and other firms not to “cold call” each other’s employees.
- Precision Associates, Inc. et al v. Panalpina World Transport (Holding) Ltd., et al. Represent Expeditors International of Washington, Inc. in a class action against freight forwarders alleging a conspiracy to fix prices of freight forwarding services sold in the US.
- In re Household Goods Fuel Surcharge Antitrust Litigation. Represent American Moving and Storage Association in multidistrict class action litigation alleging price-fixing of fuel surcharges by household goods movers.
- In re Digital Music Antitrust Litigation. Represent Bertelsmann, Inc. in class action litigation alleging price-fixing and other antitrust violations by major record labels seeking to delay distribution of music over the Internet.
- In re ATM Fee Antitrust Litigation. Represent Bank of America in a putative class action suit alleging the fixing of ATM fees.
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