Antitrust and Competition Law

Preti Flaherty recognizes the growing need in the global economy for quality antitrust and competition representation. As competition enforcement and antitrust litigation increase worldwide, Preti Flaherty protects the interests of business clients throughout all types of complex antitrust and competition matters, mergers and acquisitions and litigation. The firm has extensive experience litigating antitrust class actions throughout the United States.

Several of our attorneys practiced with antitrust specialty firms before joining Preti Flaherty, and one Partner is Board Certified in Antitrust and Trade Regulation Law by the Florida Bar Board of Legal Specialization.

Our Services

We represent businesses in all aspects of antitrust and competition law, such as:

• Litigation of Antitrust Class Actions
• Hart-Scott-Rodino pre-merger filings with the U.S. Federal Trade Commission
• Civil and criminal investigations at the state and federal level
• Internal corporate investigations
• Counseling on issues including pricing, licensing and distribution
• Advising trade associations on antitrust compliance and the proper scope and limitations of communications among members

Representative Matters for Defendants in Antitrust Litigation:

• Visa/MasterCard Antitrust Litigation. In Knowles v. VISA USA, Inc., Docket No. CV-03-707, Maine Superior Court, Cumberland County, Preti Flaherty successfully defended Visa U.S.A., Inc. in an indirect-purchaser antitrust class action alleging tying of debit card services to credit card services. The Court granted Visa's motion to dismiss in 2004. This litigation is related to MDL No. 1575 pending in the Eastern District of New York direct purchaser class action in which Visa and MasterCard settled with a class of merchants for $3 billion.

• Rubber Processing Chemicals Antitrust Litigation. In Melhuish v. Crompton Corp., Docket No. CV-02-567, Maine Superior Court, Cumberland County, Preti Flaherty successfully defended Bayer Corporation in an indirect-purchaser antitrust class action alleging price fixing in rubber processing chemicals. The Court granted Bayer's motion to dismiss in 2004.

• In Re Microsoft Corporation Windows Operating System Antitrust Litigation. In Melnick v. Microsoft Corporation, Docket Nos. CV-99-709, CV-99-752, Maine Superior Court, Cumberland County. Preti Flaherty defended Microsoft in consolidated consumer indirect purchaser antitrust class actions related to MDL 1332, pending in the District of Maryland. The Court denied plaintiffs' motion for class certification in 2001.

• Automotive Refinishing Paint Antitrust Litigation. In Wyman's Auto Body, et al. v. Akzo Nobel, et al., Docket No. CV-01-423, Maine Superior Court, Cumberland County, Preti Flaherty acted as defense counsel for The Sherwin-Williams Company in a proposed class action of indirect purchasers of automotive refinishing paint. Related to MDL 1426, the Automotive Refinishing Paint Antitrust Litigation.

• Brand Name Drug Antitrust Litigation (Karofsky v. Abbott Laboratories, et al.), Docket No. CV-95-1009, Maine Superior Court, Cumberland County. Preti Flaherty represented defendant American Home Products in this indirect purchaser antitrust class action, related to MDL 997, pending in the Northern District of Illinois. The Court denied plaintiffs' motion for class certification in 1997.

• In re K-Dur Antitrust Litigation, MDL 1419 (Dentone v. Wyeth, CV-01-103, Kennebec County, Maine Superior Court. Preti Flaherty Represented Wyeth Pharmaceuticals in defending a proposed antitrust class action relating to the marketing and sale of generic drugs.

Representative Matters for Plaintiffs in Nationwide Direct Purchaser

Antitrust Class Actions:

• In re Foundry Resins Antitrust Litigation, MDL No. 1638, S.D. Ohio. The Court appointed Preti Flaherty co-lead counsel for the proposed class of plaintiffs in a direct purchaser claim for price fixing. The firm argued before the Judicial Panel on Multidistrict Litigation in the case. The Court certified the class over defendants' objections. The U.S. Court of Appeals for the Sixth Circuit declined to overturn class certification in a Rule 23(f) appeal. The Court granted final approval of settlements with all defendants for $14.2 million.

• In re Marine Hose Antitrust Litigation, MDL No. 1888, S.D. Fla. In March 2008, the Court appointed Preti Flaherty one of three interim co-lead counsel for the proposed class of direct purchasers of marine hose in their claim for price fixing. The firm successfully argued before the Judicial Panel on Multidistrict Litigation in favor of transfer to the Southern District of Florida. Thus far, Plaintiffs have reached settlement of $21.7 million with five overseas defendants.

• Window Coverings Antitrust Litigation (Blind Builders USA Inc. v. Royal Window Coverings (USA) L.P.), Case No. 07-1387, E.D. Pa. The Court appointed Preti Flaherty as one of two co-lead counsel for the class and granted final approval of a settlement with the sole defendant in the amount of $2.4 million in this direct purchaser class action for price fixing in vertical and horizontal window blinds.

• In re Chocolate Confectionary Antitrust Litigation, MDL No. 1935 M.D. Pa. Preti Flaherty is a proposed member of the Plaintiffs' Executive Committee for a proposed class of direct purchasers of chocolate in this antitrust class action litigation. After filing the first direct purchaser class action in the Federal Court in Harrisburg, PA, the firm successfully argued before the Judicial Panel on Multidistrict Litigation for transfer to that Court.

• In re Compact Disc Minimum Advertised Price Antitrust Litigation, MDL No. 1361, D. Maine. The U.S. District Court for the District of Maine appointed Preti Flaherty Liaison Counsel for Class Plaintiffs in this case, in which plaintiffs recovered a $143 million settlement. In this price fixing case, the firm represented a multistate class of purchasers of music compact discs against the major record labels.

• In re Pillar Point Partners Antitrust and Patent Litigation, MDL No. 1202. D. Ariz. Preti Flaherty was a member of the Executive Committee and primary counsel for the sole Lead Plaintiff and Class Representative New England Laser Vision. In this direct purchaser class action concerning price fixing in eye lasers, a national class of ophthalmologists recovered $50 million.

Firm Recognition

• Preti Flaherty was recognized by U.S. District Judge Paul S. Diamond of the Eastern District of Pennsylvania for the quality and efficiency of our work. He wrote: "Plaintiffs' Counsel showed consummate skill and efficiency in prosecuting this case – the settlement...they obtained illustrates their ability." Window Coverings Antitrust Litigation, Order on Motion for Attorneys Fees, Expenses and Incentive Awards, November 29, 2007 (Preti Flaherty was one of two Co-Lead Counsel).

• In approving a $14.2 million antitrust class action settlement, U.S. District Judge Gregory Frost, of the Southern District of Ohio, commented, "I wouldn't have ever thought that this case would have proceeded along as smoothly as it did." In re Foundry Resins Antitrust Litigation, MDL No. 1638, U.S. District Court, District of Ohio, Hearing on final approval of settlement, March 28, 2008, p. 32 (Preti Flaherty was co-lead counsel).