Representative Matters

Horizontal Restraint Cases

  • In re Wholesale Electricity Antitrust Cases: class action alleging price fixing and other anti-competitive conduct
  • In re Methionine Antitrust Litigation: class actions alleging price fixing under federal and state antitrust laws
  • In re Dynamic Random Access Memory (DRAM) Antitrust Litigation: federal and state civil actions alleging price fixing in the memory chip market, as well as in related grand jury proceedings
  • Bristol Hotels v. NCII, et al.: actions alleging conspiracy among national commercial insurers to fix prices by passing on residual market loads on workers' compensation policies
  • Tanabe Seiyaku: vitamin class actions alleging price fixing
  • In re Cosmetics Antitrust Litigation: (national retailers) in coordinated state court litigation claiming price fixing of women's cosmetics
  • McAllister v. Inland Health Plan: class action by doctors alleging price fixing by an HMO
  • Eagle v. Van Camp Seafoods, Inc.: class action by fishermen alleging price fixing by tuna canners
  • United State v. Builder's Fence: criminal price fixing case by the government

Monopolization/Merger Cases

  • In re Taxol Antitrust Litigation: monopolization case involving generic competition for anti-cancer drugs and the operation of the Hatch Waxman Act
  • Reilly v. The Hearst Corporation: government antitrust review of a newspaper merger, as well as the subsequent action by a private party challenging the merger
  • Tate v. ENRG Corporation: monopolization action in the liquefied and compressed natural gas market
  • San Jose SaberCats v. Arena Football League: monopolization action challenging league rules as unreasonable restraints
  • Pan Asia Venture Capital v. The Hearst Corporation: below cost newspaper advertising case
  • Scripto-Tokai v. Gillette: monopolization/patent case involving erasable ink pens
  • McDonnell Douglas v. Northrop: monopolization action involving teaming agreements between defense contractors
  • Nestle Food v. Bristol Myers: monopolization case involving infant formula advertising
  • Pacific Supply Cooperative v. Mobil Oil Co.: oil industry dealer termination case with monopolization claims

Boycott/Typing/Vertical Restraint/Unfair Competition Claims

  • SureSafe v. McGrath, et al.: boycott case under the Cartwright Act that resulted in a Court of Appeals decision giving rule of reason, rather than per se, instructions on the question of injury to competition
  • Vacanti v. State Compensation Insurance Fund: action alleging conspiracy to drive medical providers out of business by refusing to pay bills for the treatment of workers
  • Schwartz v. MasterCard: represented MasterCard in a five month trial challenging foreign currency conversion practices
  • Hindju v. ARCO: obtained a unanimous jury verdict for ARCO on claims alleging violations of the Cartwright Act
  • Andrews v. Farmers Insurance: conspiracy claims by policyholders under the Cartwright Act
  • Crown Homes v. L.C. Homes: tying claims under the Cartwright Act, establishes arbitrability of antitrust claims under state law
  • Orion Tire v. General Tire: conspiracy claims regarding the sale and pricing of Slovian Tires
  • Evaluations v. Manufacturer's Life: boycott of brokers in a structured settlement annuity market
  • Vinson v. Farmers' Insurance: class action by insurance agents alleging tying under the Sherman and Clayton Acts

Price Discrimination Issues

  • Crain v. Continental Casualty Company: alleged conspiracy among insurers and brokers to charge discriminatory rates for surety bonds and policies
  • Taylor Made v. Jeff Buffoni: price discrimination lawsuit
  • California Tire Company v. Continental General Tire: price discrimination claims in the tire industry
  • Continental Toy v. Mattel, Inc.: price discrimination claims in the children's toy industry
  • Harris v. Duty Free Shoppers, Ltd.: commercial bribery claim under the Robinson-Patman Act
  • California Egg Marketing Assn v. Rose Acre Farms: below cost, predatory pricing case under the Cartwright Act
  • Frontier Enterprises v. Amador Stage Lines, Inc.: sham litigation case against rival bus companies
  • Rauser Distributing Co. v. G. Heileman Brewing Co.: below cost beer distribution case

Government Cases and Investigations

  • In re Wholesale Electricity Antitrust Litigation: investigations by the Attorney General, state Senate, FERC and grand jury
  • In re Dynamic Random Access Memory (DRAM) Antitrust Litigation: federal and state civil actions alleging price fixing in the memory chip market and in related grand jury proceedings
  • Hearst Corporation: filings and an investigation regarding a newspaper merger
  • Taxol Investigation: FTC investigation regarding the marketing of anti-cancer drugs
  • FTC v. Toys "R" Us: represented Mattel in this FTC investigation
  • Taylor Made Golf Co.: investigation of pricing and distribution practices by the California Attorney General
  • Continental Baking: merger notification involving the proposed sale to a competitor and subsequent negotiations with government
  • United State v. CBS Inc.: merger case involving the market for paperback books
  • Cineplex Odeon Corp.: merger investigation regarding the acquisition of movie theater chains
  • In re Manufactured Feed Grand Jury Investigation: price fixing in the animal and poultry feed markets
  • Roscoe Moss: penalty proceeding under the Premerger Notification Act