Antitrust Class Action Defense

Venable’s Antitrust Class Action team recognizes the unique threat that antitrust class actions pose to our clients and has a proven track record of successfully defending against them in courts across the country.

Venable’s team knows that antitrust class action lawsuits present unusually high stakes for our clients. It is not unusual for plaintiffs to seek hundreds of millions of dollars in damages or more, and, if they succeed, they are entitled to three times their damages and attorneys’ fees, among other relief. Given the high stakes, we partner with our clients to understand their unique businesses and economic circumstances and craft strategies to defeat these antitrust class actions, including at the earliest stages of the litigation. We have done so for clients in various industries, including the pharmaceutical industry and across the protein industries, and are one of a very few firms with a history of successful outcomes. Our team works strategically to marshal the evidence and respond to plaintiffs’ economic experts at the class certification and merits stages of these cases and has successfully defeated motions for class certification in antitrust class actions. We know the plaintiffs’ experts well, having deposed them and cross-examined them at trial and in class certification evidentiary hearings numerous times.

If the case should proceed beyond the class certification stage, Venable has an established record of winning at summary judgment and, if necessary, at trial. Our strategies are informed by our clients' goals, our knowledge of the courts and the antitrust bar, and a practiced ear for the many judgment calls contributing to success. We are also experienced at negotiating and obtaining court approval for class-wide settlements when that is in the best interests of our clients. Our attorneys have successfully resolved—by trial, dispositive motion, or creative settlement—class actions in state and federal class action venues across the nation.

Our antitrust attorneys recognize that antitrust class actions can often involve other related litigation and government investigations at both the federal and state levels. Whether suit is brought through multi-district litigation, actions brought by class members who opt out of a class action, or parallel federal and state investigations and litigation, our attorneys have repeatedly navigated the complex challenges posed by such related matters. Venable’s team includes former Department of Justice (DOJ) and Federal Trade Commission (FTC) agency enforcement professionals who work in tandem with the firm’s other litigators and trial attorneys across these matters.

Representative Matters
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  • Won summary judgment on behalf of Perdue in an action brought by multiple classes and over 150 opt-out plaintiffs involving allegations that defendants engaged in a conspiracy to restrict the supply of broiler chickens and claiming billions in damages. Venable’s team serves as co-liaison counsel to the court for the defendants (In re Broiler Antitrust Litigation)
  • Won a unanimous defense victory after a seven-week trial on behalf of a pharmaceutical company in a multi-billion-dollar antitrust class action in the first “reverse-payment” trial following the Supreme Court’s landmark Actavis decision. Also obtained summary judgment in favor of client on one of plaintiffs’ key causation theories (In re Nexium [Esomeprazole] Antitrust Litigation)
  • Defending a property owner and manager in sprawling multi-district antitrust litigation involving an alleged conspiracy to fix rental prices in multifamily rental properties (In re Real Page Antitrust Litigation)
  • Defending a publisher of academic journals in an antitrust class action alleging a conspiracy to suppress competition for peer review services, restrict the competition for scholarly articles, and restrict academics’ and scholars’ ability to share scientific advancements while publishers review their manuscripts for publication
  • Defending Perdue in several class actions alleging conspiracies to restrict supply and increase prices in the turkey industry
  • Representing Perdue in state attorney general actions alleging conspiracies in the broiler chicken industry
  • Defended a consumer products company in antitrust class actions alleging a conspiracy to suppress wages of plant workers
  • Defended a consumer products company in an antitrust class action alleging a conspiracy to suppress farmer compensation
  • Defended a pharmaceutical company in a long-running action alleging antitrust claims arising from the settlement of patent litigation. Defeated motions for certification of both direct purchaser and end-payor classes. Obtained a precedential opinion on class certification from the Third Circuit (In re Modafinil Antitrust Litigation)
  • Defended a pharmaceutical company as trial counsel against a class action and individual antitrust claims arising from settlement of patent litigation involving generic drug products. Obtained favorable settlements after a multi-week trial (In re Solodyn Antitrust Litigation)
  • Defended pharmaceutical companies in multi-district litigation involving claims brought by private plaintiffs and state attorneys general alleging an industry-wide price-fixing conspiracy
  • Venable represented a group of domestic steel companies in a putative class action alleging horizontal price fixing by Chinese producers of manganese
  • Represented an international investment bank in two class actions alleging price fixing violations by the major investment banks in the setting of underwriting fees for initial public offerings
  • Represented an international investment bank in a class action alleging that the major investment banks conspired to punish individual investors that "flipped" their shares in initial public offerings shortly after the offering.  Prevailed on a motion to dismiss at the district court, and the Second Circuit affirmed 
  • Represented a specialist on the Pacific Stock Exchange in a class action alleging that several of the major stock exchanges and their members engaged in a conspiracy to allocate the exclusive right to trade certain equity options to a single exchange.  Prevailed on a motion to dismiss at the district court, and the Second Circuit affirmed
  • Represented an investment bank in a class action and in parallel SEC and DOJ investigations, all of which challenged the setting of bid and ask quotes by market makers on NASDAQ
  •  Venable secured a summary judgment victory on horizontal conspiracy claims for client Ranbaxy Laboratories Ltd. in a major "reverse payment" case. This marked one of the first cases to reach the summary judgment stage after the Supreme Court’s recent decision in FTC v. Actavis, 133 S. Ct. 2223 (2013)
  • Venable represented a sleep products trade association in connection with a multi-district litigation civil antitrust class action alleging output restrictions and price fixing in the polyurethane foam market
  • We represented a pharmaceutical trade association defending against multi-district-litigation (MDL) Section 1 claims alleging price and output restrictions arising from data collection and reporting activities on behalf of a putative class of hospital and other health service providers
  • Venable represented a group of domestic steel companies in a putative class action alleging horizontal price fixing by Chinese producers of manganese
  • We are currently defending a generic pharmaceutical manufacturer against a MDL civil antitrust class action asserting Section 1 claims arising from a Hatch-Waxman settlement of pharmaceutical patent litigation
  • Venable represented a transportation company in 2011-2013 and resolved class member and opt-out claims in MDL litigation arising out of a criminal prosecution of price fixing and related conduct in that particular transportation industry

Recognition
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  • Global Competition Review
    • GCR 100 (Top 100 Antitrust Firms Worldwide), 2015 – 2022
    • Top DC Antitrust Practices, 2015 – 2019