Antitrust & Global Competition

Cotchett, Pitre & McCarthy, LLP has been at the forefront of civil antitrust enforcement with over $2 billion in recoveries for consumers and businesses in the past decade alone. Our Antitrust & Global Competition Group draws on decades of experience practicing antitrust consumer protection, and class action law throughout the United States. We bring a diverse and unique global perspective to today’s increasingly borderless business landscape. We have successfully led or co-led the prosecution of antitrust cases in various industries, including agricultural equipment, air transportation, automotive, beef, cargo and logistics, chickens, consumer electronics, energy and natural gas, financial, and healthcare.

CPM regularly ranks as one of the top firms in the United States for antitrust litigation. The Antitrust Unfair Competition Section of the California Lawyers Association (f/k/a the State Bar of California) named our founding partner, Joseph W. Cotchett, as the Antitrust Lawyer of the Year in 2011. The Daily Journal has named our partners, Adam J. Zapala and Elizabeth T. Castillo, to its Top Antitrust Lawyers in California list. The American Antitrust Institute has honored CPM and attorneys with various enforcement awards, and our attorneys regularly appear on the Super Lawyers list.

We assist consumers, workers, businesses, and political subdivisions affected by anticompetitive conduct by advising whether and how to pursue legal action. We believe that our economy is based on fair competition, and federal and state antitrust laws are intended to ensure that competition is protected and collusion punished. Our civil enforcement of antitrust laws is a top priority, and our investigation of competition violations in various industries is ongoing.

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Disclaimer: These FAQs provide a general overview of the area for those who think they may have fraud to uncover. These areas of law are, of course, highly complicated, and this page is not designed to provide legal advice of any kind. If you have questions about your rights, obligations, or potential legal claims, you should contact an attorney as promptly as possible as there may be statutes of limitation or other deadlines that could impact your ability to bring a claim.

What are antitrust laws?

Antitrust laws promote fair competition in the marketplace. They prohibit agreements or conduct that restrain trade, fix prices, limit output, or unlawfully exclude competitors. The goal is to protect consumers, workers, and businesses from anticompetitive practices that drive up prices, suppress wages, or reduce options. 

What are examples of potential antitrust violations?

• Price-fixing
• Market or customer allocation
• Bid-rigging
• No-hire, no-poach, and wage-fixing agreements
• Exclusive dealing or tying arrangements

What is price-fixing?

Price-fixing occurs when competitors agree to raise, lower, stabilize, or coordinate prices instead of competing independently.

What is bid-rigging?

Bid rigging occurs when competitors manipulate a bidding or procurement process. This may involve competitors agreeing in advance who will submit the winning bid, submitting intentionally high bids, or rotating winners over time.

What is market or customer allocation?

Market or customer allocation involves agreements between competitors to divide markets (e.g., products, territories) or customers among themselves. For example, companies may agree not to sell in each other’s geographic areas or not to solicit certain customers.

What is a no-hire, no-poach, or wage-fixing agreement?

No-hire, no-poach, and wage-fixing agreements involve employers agreeing not to recruit, hire, or compete for each other’s employees. These agreements suppress wages, restrict job mobility, and deprive workers of the benefits of a competitive labor market. 

What are exclusive dealing or tying arrangements?

Exclusive dealing requires customers or suppliers to do business with one company and exclude its competitors. Tying occurs when a company conditions the sale of one product or service on the purchase of another product or service.

Is direct evidence of an agreement needed to bring an antitrust case?

No. Direct evidence is highly useful, but antitrust cases are often proven through circumstantial evidence, which includes parallel conduct, plus factors suggesting the defendants’ parallel conduct is the product of collusion and not independent decisions by the defendants, and economic analyses. Plaintiffs are not required to have insider knowledge or proof of an agreement at the outset of a case.

How does someone injured by an antitrust violation obtain monetary recovery?

Individuals and businesses harmed by anticompetitive conduct may bring a civil lawsuit seeking monetary damages. In antitrust cases, successful plaintiffs may recover treble damages (three times their actual damages) along with attorneys’ fees and costs. Because antitrust violations often cause similar harm to many people or businesses, these claims are frequently pursued on a collective basis through class actions.

What is a class action?

A class action allows one or more plaintiffs to bring a lawsuit on behalf of a larger group of people or businesses that were harmed in the same way by the same unlawful conduct. Class actions promote efficiency, consistency, and access to justice, particularly where individual damages may be too small to justify separate lawsuits, but the total harm caused by the conduct is significant.

What is a class representative and what are their responsibilities?

A class representative is an individual or entity that initiates a class action lawsuit on behalf of those similarly harmed. The class representative works with class counsel to help advance the case and protect the interests of the entire class. Responsibilities are typically limited and may include communicating with counsel, reviewing key filings, and participating in discovery, such as providing documents and deposition/trial testimony.

Should I be a class representative?

Class representatives play a critical role in holding companies accountable and protecting others who were similarly harmed. In many cases, class representatives may receive an service award approved by the court to compensate them for their time and effort representing the interests of the class.

What are the costs of bringing an antitrust lawsuit?

These cases are typically handled on a contingency basis, meaning clients pay no upfront attorneys’ fees or costs. Attorneys’ fees and costs are paid only if there is a recovery, usually from a settlement or judgment approved by the court.

Do these cases proceed to trial?

Many antitrust cases resolve through settlement before trial and often after substantial investigation and litigation.

How long do antitrust cases take?

Antitrust cases are complex and may take several years to resolve. The length of a case depends on various factors, such as the scope of the alleged conduct, the number of defendants, and whether the case resolves partially or fully through settlement or trial.

How do I report a potential antitrust violation?

If you believe you have been harmed or have information about potentially unlawful antitrust conduct, you can contact experienced antitrust counsel directly. Cotchett, Pitre & McCarthy, LLP has highly experienced litigators who have prosecuted complex antitrust actions on behalf of consumers, workers, and businesses, and regularly evaluates potential antitrust issues. The firm welcomes those who believe they may have been affected by unlawful conduct and is interested in hearing your story—just contact us.