Representative Matters

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:

  • The firm currently serves as court-appointed co-lead counsel for direct purchasers in In re Automotive Parts Antitrust Litigation, MDL No. 2311 (E.D. Mich.), a series of private civil actions, with $300 million in partial settlements to date, that stem from the largest Department of Justice criminal antitrust investigation in U.S. history.
  • 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., the Court appointed Preti Flaherty one of three co-lead counsel and the firm recovered settlements of $32 million for the class of direct purchasers.
  • 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 Highlights

News

Preti Flaherty Ranked Among Best Lawyers 2024 Best Law Firms

Best Lawyers has ranked Preti Flaherty among the Best Law Firms for 2024. To be eligible for ranking, a law firm must have at least one attorney named in the 2024 Best Lawyers in...

News

Preti Flaherty Attorneys Selected by Peers for Inclusion in Best Lawyers in America 2024, Including 1 “Lawyer of the Year”

Forty-two Preti Flaherty attorneys have been named to Best Lawyers in America 2024, including five “Ones to Watch” and one “Lawyer of the Year.” Inclusion in Best Lawyers in America is considered a high...

News

Preti Flaherty Attorneys Selected for Inclusion in 2023 Super Lawyers

Fourteen Preti Flaherty attorneys have been selected for recognition by Super Lawyers , including seven Rising Stars. Super Lawyers rates outstanding lawyers throughout the United States in more than 70 practice areas. Only five...

Publication

NLRB Takes Aim at Non-Compete Agreements

Ellie Quinby of Preti Flaherty's Antitrust & Competition Practice Group has authored an article for the American Bar Association Antitrust Law Section’s Global Private Litigation Committee monthly newsletter on the subject of the National Labor Relations...

Publication

Enforcers Make It Easy to Report Cartels

This article was originally published in the American Bar Association  Antitrust Newsletter  on February 8, 2023.  Did you know that global competition enforcers have easy-to-find websites to encourage reporting of anticompetitive conduct? Not only...