Antitrust Cases

Examples of Antitrust Cases 

Microsoft Antitrust Litigation. Indirect purchaser antitrust class actions in California, Minnesota, Iowa and Wisconsin alleging that Microsoft has illegally maintained a monopoly in the market for personal computer operating system, word processing and spreadsheet software. For additional information, please click here.

Cosmetics Antitrust Litigation (U.S. District Court, N.D. Cal.; California Superior Court, Marin County).  A consumer class action on behalf of California purchasers seeking redress for alleged price-fixing by department stores and manufacturers of high-end cosmetics and beauty products.  The case settled for injunctive relief and consideration valued at $175 million.           

Chinese Vitamin C Antitrust Litigation (U.S. District Court, California and Massachusetts State Courts).  Zelle Hofmann represents a major Chinese manufacturer of Vitamin C in connection with federal and state antitrust actions filed on behalf of putative classes of direct and indirect purchasers.  The federal direct purchaser case was filed in the Eastern District of New York.  Indirect purchaser cases have been filed in California and Massachusetts.  All of the complaints allege a price-fixing conspiracy among four Chinese manufacturers.

DRAM Antitrust Litigation (U.S. District Court, N.D. Cal.; California Superior Court, San Francisco).  Zelle Hofmann is the Court-appointed Liaison Counsel and a member of plaintiffs’ Executive Committee, in a nationwide class action brought by indirect purchasers of DRAM.  Plaintiffs allege that DRAM manufacturers conspired to fix the prices from April 1, 1999 through December 31, 2002.  The class includes purchasers of computers and other products containing DRAM, and seeks injunctive relief and damages under state and federal laws.

Intel Corp. Microprocessor Antitrust Litigation (U.S. District Court, D. Del.).  Zelle Hofmann represents consumers in a nationwide class action against Intel on behalf of consumer and business purchasers of x86 microprocessors used in personal computers and other products.  The complaint alleges that Intel abused its dominant position in the x86 microprocessor market by, among other things, engaging in exclusive dealing arrangements with various Original Equipment Manufacturers such as Dell, HP, IBM/Lenovo, and NEC in an effort to lock AMD out of several key market segments.  The complaint alleges that as a result of these practices consumers and businesses paid artificially high prices for products containing Intel’s x86 microprocessors. 

Natural Gas Antitrust Cases (U.S. District Court, D. Nev.; California Superior Court, San Diego).   Zelle Hofmann is Co-Lead Counsel in the federal class action and a member of the Executive Committee in the state class action. against marketers of natural gas in California, alleging violations of the Sherman Act, California Cartwright Act and the Unfair Competition Act.  The actions are brought on behalf of direct and indirect persons and entities in California who purchased natural gas between January 1, 2000 and December 31, 2001, i.e., during the California Energy Crisis.  The actions allege that, among other things, the defendants and their co-conspirators engaged in a variety anticompetitive practices which raised interstate natural gas transportation prices, the bundled price of natural gas, spot natural gas prices, and natural gas market basis swap derivative settlement amounts in and for California.  

New Motor Vehicles Canadian Export Antitrust Litigation (U.S. District Court, D. Maine). Zelle Hofmann represents plaintiff new car buyers against the major new car manufacturers, alleging a conspiracy to prevent lower-cost new cars from being exported from Canada to the United States, thereby causing higher prices for new cars in the United States.  The firm is Liaison Counsel in the California state court action, which is coordinated with a nationwide federal action pending in the United States District Court in Portland, Maine.   

Diamonds - Sullivan et al. v. DeBeers et al. (U.S. District Court, D.N.J.).  Zelle Hofmann represents consumers in a class action lawsuit brought on behalf of purchasers of diamonds and diamond jewelry in the United States, alleging that the De Beers group of companies unlawfully monopolized the gem diamonds market.  The court approved a class action settlement on April 14, 2008.  The settlement created a $295 million Settlement Fund for resellers and consumers who purchased diamonds from January 1, 1994 through March 31, 2006.  In addition, as part of the settlement, De Beers agreed to a stipulated injunction, which provides that De Beers will abide by federal and state antitrust laws, will not engage in certain specific conduct to control prices or restrict supply, and will submit to the Court’s jurisdiction for the purpose of enforcement of the injunction.

TFT-LCD (Flat Panel) Antitrust Litigation (U.S. District Court, N.D. Cal.).  Zelle Hofmann serves as the court-appointed Co-Lead Counsel representing a nationwide class of indirect purchasers of LCD products, such as flat panel televisions and computer monitors, in this multi-district antitrust class action filed against the world’s leading manufacturers of thin-film transistor liquid crystal display (TFT-LCD), and alleging that these companies engaged in a conspiracy to artificially inflate the prices of their LCD products.

Linerboard Antitrust Litigation (U.S. District Court, E.D. Pa.).  Zelle Hofmann represented, as opt-outs, three major international food manufacturers in this federal antitrust action against integrated manufacturers of linerboard, corrugated medium, and corrugated containers. Recoveries exceeded the class action settlement value.

Smokeless Tobacco Antitrust Litigation (California Superior Court, San Francisco).  Plaintiffs have obtained final approval of a $96,000,000 settlement in the Smokeless Tobacco Antitrust Litigation pending in the California Superior Court in San Francisco, California.  Zelle Hofmann served on the Executive Committee, and was extensively involved in all aspects of this case.  The settlement provides $96 million in cash to pay to a class of California indirect purchasers of moist snuff products which alleged that U.S. Smokeless Tobacco monopolized the moist snuff market and engaged in restrictive and exclusionary acts during the time period 1990 to the present in violation of California state antitrust laws.

EPDM Antitrust Litigation (U.S. District Court, D. Conn.)  Zelle Hofmann represented a large corporate plaintiff which opted out of a class settlement and pursued separate litigation in connection with an alleged conspiracy to fix prices and allocate market shares by manufacturers of EPDM, a synthetic rubber product.

Brand Name Prescription Drugs Antitrust Litigation (U.S. District Court, N.D. Ill.).  A federal antitrust action by plaintiff classes of retail pharmacists alleging price fixing of brand name prescription drugs by two dozen of the world’s largest pharmaceutical manufacturers and wholesalers.  The class obtained over $700 million in settlements, plus commitments with respect to future pricing practices.

Carbon Black Antitrust Litigation (U.S. District Court, C.D. Cal., California Superior Court, San Francisco).  A class action brought against producers of carbon black, an engineered carbon compound, alleging violations of the California Cartwright Act and the Unfair Competition Act. The action alleges that, among other things, the defendants and their co-conspirators conspired and engaged in price-fixing, market allocation and other anticompetitive practices which raised carbon black prices in California.  Zelle Hofmann was the court-appointed Co-Liaison counsel for the state court plaintiff class and a member of the plaintiffs’ executive committee.

Vitamins Antitrust Litigation (U.S. District Court, D.D.C.).  Zelle Hofmann represented a major international food manufacturer in a federal antitrust action against domestic and foreign manufacturers of bulk vitamins, vitamin premixes and other vitamin products used in the manufacture of food products.  The complaint alleged that the manufacturers violated U.S. antitrust laws by, among other things, conspiring to fix prices, allocate sales and allocate customers.  The matter was settled on a highly favorable basis to our client, for significantly more money than could have been achieved through the class action.

UK Cartonboard Matter (High Court of Justice, London). A private antitrust action in the United Kingdom on behalf of an international food manufacturer alleging price fixing by suppliers of packaging materials.  Kellogg of Great Britain's claims related to the defendants' participation from mid-1986 until at least April 1991 in a European Community-wide price-fixing conspiracy, as a result of which Kellogg alleged that it was charged excessive prices for cartonboard. Zelle Hofmann negotiated a favorable settlement on its client's behalf.

Air Cargo Shipping Services Antitrust Litigation (U.S. District Court, E.D.N.Y.).  Zelle Hofmann represents a nationwide class of indirect purchasers of Air Cargo shipping services in this multidistrict class action.