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Antitrust Law

Girard Gibbs represents companies and consumers in class action lawsuits against corporations around the world that engage in price fixing and other anticompetitive practices. Antitrust and unfair competition laws exist to ensure that businesses compete against each other, and Girard Gibbs prosecutes cases to hold companies accountable for violating those laws. 

Girard Gibbs’ Antitrust Practice

Federal and state laws prohibit anticompetitive behavior and unfair business practices that harm other businesses and consumers. Examples of these unlawful, anticompetitive practices include:

  • Price Fixing - an agreement among competitors to raise, fix, or otherwise maintain the price at which their goods or services are sold.
     
  • Pay-for-Delay - an agreement between a brand drug manufacturer and a would-be generic competitor to delay the release of a generic version of the branded drug, depriving consumers of lower-priced generics.
     
  • Bid-Rigging - competitors agree in advance who will submit the winning bid during a competitive bidding process. As with price fixing, it is not necessary that all bidders participate in the conspiracy.
     
  • Monopolization - one or more persons or companies totally dominates an economic market.
     
  • Unfair Competition - an attempt to gain unfair competitive advantage through false, fraudulent, or unethical commercial conduct.
     
  • Market Division - an agreement between competitors not to compete within each other's geographic territories.

Girard Gibbs has prosecuted anticompetitive practices in a wide range of industries, including pharmaceutical products, electronics, air travel, natural gas, commodities, and musical instruments.  The firm has litigated antitrust cases against some of the largest companies in the world, including Panasonic, Toshiba, Goldman Sachs, J.P. Morgan Chase, Apple, and Google.

Our Experience with Antitrust Class Actions

Girard Gibbs represents consumer and business in antitrust cases throughout the country. The firm is currently serving in a leadership capacity in several nationwide cases against some of the world’s largest companies:

  • In re Lidoderm Antitrust Litigation (N.D. Cal.) – The firm serves as Interim Co-Lead Counsel for the end-payor plaintiffs in this multidistrict litigation alleging that the brand and generic manufacturers of the drug Lidoderm, a patch used to alleviate pain associated with the after effects of shingles, entered into an unlawful agreement to delay the release of generic Lidoderm for up to thirteen months.
     
  • In re Capacitors Antitrust Litigation (N.D. Cal.) – Girard Gibbs represents direct purchasers of capacitors in this multidistrict litigation alleging that some of the world’s largest electronics manufacturers, including Panasonic, Sanyo, and Hitachi, conspired to fix the prices of capacitors.  The firm is playing an active role in directing discovery for the direct purchaser plaintiffs. 
     
  • In re Fretted Musical Instruments and Equipment Litigation (S.D. Cal.) Girard Gibbs serves as Interim Lead Counsel representing consumers and direct purchasers in this multidistrict class action alleging the fixing of retail prices of guitars and guitar amplifiers.
     
  • In re Nexium Antitrust Litigation (D. Mass.) – Girard Gibbs took a lead role in directing discovery on behalf of the end-payor plaintiffs in this “pay-for-delay” litigation, and serves on the Executive Committee.
     
  • In re Solodyn (Minocycline Hydrochloride) Antitrust Litigation (D. Mass.) The firm serves on the Executive Committee representing end-payor plaintiffs in this multidistrict class action alleging that Medicis Pharmaceutical Corporation entered into a series of unlawful “pay-for-delay” agreements with generic manufacturers to prevent competition for the drug Solodyn.
     
  • In re Aggrenox Antitrust Litigation (D. Conn.) – Girard Gibbs serves on the Executive Committee for end-payor plaintiffs in this multidistrict class action alleging brand and generic manufacturers of the drug Aggrenox entered into an unlawful agreement to delay the entry of a less-expensive generic version of Aggrenox.
     
  • In re Niaspan Antitrust Litigation (E.D. Pa.) – The firm serves on the Executive Committee for end-payor plaintiffs in this multidistrict class action alleging that brand and generic manufacturers delayed the release of a generic version of the drug Niaspan for up to eight years through an unlawful “pay-for-delay” agreement.
     
  • In re Aluminum Warehousing Antitrust Litigation (S.D. N.Y.) – Girard Gibbs was appointed as Interim Co-Lead Counsel for commercial end user plaintiffs in this multidistrict litigation alleging that defendants conspired to limit the supply, and increase the price of, aluminum throughout the United States.

The firm also represents clients in the following class action lawsuits for violations of federal and state antitrust and unfair competition laws:

  • In re High-Tech Employee Antitrust Litigation (N.D. Cal.) – Girard Gibbs represents a class representative who played an instrumental role in negotiating a $90.5 million increase to a $324.5 million that had previously been rejected by the Court presiding over the action.  The Court recently granted preliminarily approval of the new $415,000,000 settlement.
     
  • In re Actos End-Payor Antitrust Litigation (S.D. N.Y.) The firms represents indirect purchasers in this multidistrict class action litigation alleging that the brand and generic manufacturers of the blockbuster drug Actos entered into anticompetitive “pay-for-delay” agreements.
     
  • In re Transpacific Passenger Air Transportation Antitrust Litigation (N.D. Cal.) – Girard Gibbs represents consumers in this multidistrict litigation alleging a long-running conspiracy to fix the prices of international flights involving at least one flight segment between the United States and Asia.  To date, the plaintiffs in the case have entered settlement agreements with eight defendants totaling $39,000,000, with the litigation proceeding against the remaining defendants.

Girard Gibbs has also represented consumers and businesses in the following cases:

  • In re TFT-LCD (Flat Panel) Antitrust Litigation (N.D. Cal.) The firm represented direct purchasers in a multidistrict class action alleging price-fixing by foreign and domestic manufacturers of Thin Film Transistor Liquid Crystal Display (TFT-LCD) products.  Settlements on behalf of direct purchasers totaled more than $470 million.
     
  • In re Natural Gas Anti-Trust Litigation I, II, III, IV – The firm had a leadership role in this class action against numerous natural gas companies for manipulating the California natural gas market. The case settled for a total recovery of $160 million.
     
  • In re Flash Memory Antitrust Litigation (N.D. Cal.) Girard Gibbs represented indirect purchasers in multidistrict class action alleging price-fixing by foreign and domestic manufacturers of flash memory.

Questions About Our Antitrust Practice?

For more information about our Antitrust practice, contact our antitrust attorneys toll-free at (866) 981-4800.

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