Practices

Antitrust & Global Competition

Our economy is premised upon fair competition, and state and federal antitrust laws are intended to insure that competition is protected and collusion is punished.   Anticompetitive conduct – cartels and monopolies – strike at the very heart of fair competition and create hidden taxes on the goods and services used by consumers and business.   CPM has been at the forefront of antitrust enforcement, successfully leading the prosecution of antitrust cases in markets including consumer electronics, air transportation, cargo and logistics, energy and natural gas, financial markets, automobiles, and office equipment.

Antitrust Firm Resume

RECENT CASES OF NOTE

Auto Parts Antitrust Litigation
USDC, Eastern District of Michigan
CPM is co-lead counsel on behalf of consumers against manufacturers of auto parts, including bearings, fuel senders, heater control panels, safety systems, instrument control clusters and wire harnesses, for a world-wide conspiracy to fix prices for those parts for use in cars and trucks.  The litigation has resulted in over $1 billion in recovery to CPM’s clients.  This is now one of the biggest indirect purchaser cases in the history of antitrust enforcement.

Freight Forwarders Antitrust Litigation
USDC, Eastern District of New York
CPM is Co-Lead Counsel for a class of business and consumers who purchased Freight Forwarding services in the United States, alleging that the major providers of Freight Forwarding conspired to fix the prices of such services. CPM has thus far recovered approximately $400 million for the benefit of the class.   

In re Transpacific Passenger Air Transportation Antitrust Litigation
USDC, Northern District of California
CPM is the court-appointed Co-Lead counsel for a proposed class of purchasers who paid inflated prices for discount fares and fuel surcharges illegally fixed by defendants on long-haul passenger flights for transpacific routes. Plaintiffs have thus far recovered close to $100 million for the benefit of the classes.

In re Lithium Batteries Antitrust Litigation
USDC, Northern District of California
The Court appointed CPM as Co-Lead Counsel on behalf of indirect purchasers of lithium-ion rechargeable batteries that defendants allegedly conspired to fix the price.  The indirect purchasers have thus far recovered approximately $50 million. 

In re Capacitors Antitrust Litigation
USDC, Northern District of California
The Court appointed CPM as sole Lead Counsel on behalf of a class of indirect purchasers of the passive electronic component, capacitors. The operative complaint alleges that the defendants engaged in a multiyear scheme to fix and stabilize the prices of these ubiquitous products. The litigation has already resulted in substantial settlements for the benefit of the Class.

In re Resistors Antitrust Litigation
USDC, Northern District of California
The Court appointed CPM as sole Lead Counsel on behalf of a class of indirect purchasers of the passive electronic component, resistors. The operative complaint alleges that the defendants engaged in a multiyear scheme to fix and stabilize the prices of resistors.  The indirect purchasers are continuing to litigate the case.

In re Generic Pharmaceuticals Pricing Antitrust Litigation
USDC, Eastern District of Pennsylvania
The Court appointed CPM Partner, Adam J. Zapala, to the Plaintiffs’ Steering Committee on behalf of a class of end-payer plaintiffs, comprised primarily of Taft-Hartley union health and welfare that overpaid for price-fixed generic drugs. 

In re Broiler Chicken Antitrust Litigation
USDC, Northern District of Illinois
The Court appointed CPM Co-Lead Counsel of a class of Commercial & Institutional Indirect Purchaser Plaintiffs (“CIIPPs”), prosecuting claims involving a massive scheme to fix the prices of broiler chickens.    

In re Cathode Ray Tube (CRT) Antitrust Litigation
USDC, Northern District of California
CPM is an Executive Committee Member and represents a class of direct purchaser plaintiffs against manufacturers of cathode ray terminals ("CRT") whose prices were artificially raised, maintained or stabilized at a supra-competitive level by defendants and their co-conspirators. Settlements amounting to over $100 million have been reached with the defendants.

In re Domestic Airline Travel Antitrust Litigation
USDC, District of the District of Columbia
Judge Colleen Kollar-Kotelly appointed CPM co-lead counsel, along with Hausfeld LLP., to lead this groundbreaking litigation against the major United States airlines, alleging that the competitors conspired to restrict capacity, thereby increasing the price of airfares.

In re International Air Transportation Surcharge Antitrust Litigation
USDC, Northern District of California
CPM served as Co-Lead Counsel or a class of purchasers who paid fuel surcharges illegally charged by defendants on long-haul passenger flights for transatlantic routes. Plaintiffs secured settlements on behalf of the class with Defendants Virgin Atlantic Airways, LTD and British Airways Plc worth approximately $204 million. (Settled, 2009).

In re Static Random Access Memory (SRAM) Antitrust Litigation
USDC, Northern District of California
The Court appointed CPM as sole Lead Counsel for direct purchaser plaintiffs of Static Random Access Memory ("SRAM") chips. CPM successfully secured a $77 million settlement on behalf of plaintiffs. Important legal rulings were reached on cutting edge issues such as the extent to which the United States antitrust laws apply to foreign conduct, standing of class representatives and the proper showing for class certification. (Settled, 2011).

In re Dynamic Random Access Memory (DRAM) Antitrust Litigation
USDC, Northern District of California
CPM served as chair of the Discovery Committee in a multidistrict litigation arising from the price fixing of DRAM, a form of computer memory. Shortly before the scheduled trial, class counsel reached settlements with the last remaining defendants, bringing the total value of the class settlements to over $325 million

In re Optical Disk Drive (ODD) Antitrust Litigation
USDC, Northern District of California
CPM is a member of the executive committee in this multidistrict litigation alleging a conspiracy that manufacturers of optical disk drives ("ODD") fixed prices of ODD's sold directly to plaintiffs in the United States. Plaintiffs reached substantial recoveries on behalf of their clients in this case.

In re Qualcomm Antitrust Litigation
USDC, Northern District of California
CPM Senior Partner, Joseph W. Cotchett, has been appointed co-lead counsel of this massive litigation, alleging that Qualcomm monopolized the market and engaged in other anticompetitive conduct in the market for cellular devices and modem chips. 

In re Intel Corporation Microprocessor Antitrust Litigation
USDC, District Court of Delaware
CPM represents entities against Intel Corporation for antitrust violations relating to monopolization. CPM has been active in assisting lead counsel with discovery.

National Gas Anti-Trust Cases I, II, III, & IV
San Diego Superior Court
CPM represented eleven public entities and others for the reporting of false information by non-core natural gas retailers to published price indices to manipulate the natural gas market during the California energy crisis. CPM successfully prosecuted this case, concluding in approximately $124 Million in settlements.

In re: Municipal Derivatives Antitrust Litigation
USDC, Southern District of New York   
CPM represents dozens of public entities in ongoing litigation alleging the manipulation of municipal investments for bond funds by a number of financial institutions, insurance companies and brokers colluded to bid-rig the multi-billion dollar derivatives market.  Bank of America sought amnesty for violations of US antitrust laws by admitting its involvement in the conspiracy.  Several executives from major financial institutions including JPMorgan, UBS and GE Capital have pled guilty to criminal charges for their involvement in the bid-rigging conspiracy.   By bringing individual actions, CPM is able to maximize gains on behalf of its public entity clients.  

Municipal Bond Insurance Litigation 
San Francisco County Superior Court   
CPM represents a number of public entities and non-profit organizations in California alleging that bond insurance companies and the credit rating agencies colluded to suppress their credit ratings forcing them to buy insurance when they issued bonds at a cost of millions of dollars. Defendants include Moody’s, Standard & Poor’s and Fitch. Major bond insurance companies such as Ambac and MBIA also misrepresented the extent of their involvement in subprime mortgage securitizations, which drastically impacted the insurer's ability to maintain AAA rated insurance. These actions are coordinated in San Francisco County Superior Court before the Honorable Richard A. Kramer.

Webkinz Litigation, Nuts for Candy v. Ganz Inc., et al.
USDC, Northern District of California
CPM was lead counsel representing a proposed class of persons or entities in the United States who ordered Webkinz from Ganz Inc. on the condition that they also order products from Ganz's "core line" of products. The complaint alleged that Ganz conditioned the purchase of its popular Webkinz plush line toy with a minimum $1,000 purchase of non-Webkinz "core" line products in violation of federal antitrust laws. On September 17, 2012, Hon. Richard Seeborg of the Northern District of California approved a class action settlement on behalf of a class of small business retailers against Ganz Inc. for alleged antitrust violations where customers were required to purchase unwanted products as a condition to purchasing Ganz's popular Webkinz Toy. (Settled, 2012).

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