Antitrust Business Recovery Practice

BakerHostetler has a proven track record of representing plaintiffs in complex antitrust business recovery litigation, serving as lead trial counsel in matters that have proceeded to jury verdict as well as in cases resolved through favorable settlements and other strategic outcomes. Our experience spans claims under Sections 1 and 2 of the Sherman Act, including allegations of exclusionary agreements, unlawful tying, disparagement and interference with legitimate distribution channels. Through these efforts, we have secured hundreds of millions of dollars in recoveries and obtained important injunctive and business practice relief that has strengthened our clients’ long-term competitive opportunities.

Our team has brought cases under Sections 1 and 2 of the Sherman Act alleging exclusionary agreements, unlawful tying, disparagement and inference with lawful distribution channels, among other causes of action.

Multidistrict class-action lawsuit in the Eastern District of Tennessee where dairy farmers and retailers accused major processors such as Dean Foods and Dairy Farmers of America of conspiring to fix raw milk prices and restrict competition in the Southeast U.S., leading to settlements exceeding $300 million and significant business practice changes. In re Southeastern Milk Antitrust Litigation
Class action lawsuit on behalf of dairy farmers in the Northeast alleging that Dean Foods and Dairy Farmers of America conspired to fix raw milk prices and restrict competition in the Northeast U.S. Case resulted in settlements of $100 million. Allen v. Dairy Farmers of America Inc.
Antitrust case against Brita and its parent company Clorox alleging violations of Section 2 of the Sherman Act, for monopolization of pour-through water filtration systems connected to Brita and Clorox’s alleged failure to disclose a standard-essential patent to a standard-setting organization and other industry participants in the standard-setting process. Case settled on favorable terms for our client. Zero Water v. Brita & Clorox.
Antitrust case alleging that LSI (Broadcom licensing arm) violated Section 2 of the Sherman Act by refusing to license patents on FRAND terms and committed additional overt acts in furtherance of its monopoly in standard essential patented technology. Case settled after we survived motion to dismiss. Funai v. LSI (Broadcom)
Represented HP in an antitrust counterclaim alleging that Audio MPEG violated Section 1 and 2 of the Sherman Act by improperly organizing and implementing a patent pool with the intent of monopolizing certain MP3 technology. Case settled. Audio MPEG, US Philips Corp. et al. v. Hewlett-Packard Co.
Represent Syngenta, one of the world’s leading crop protection companies, in a case alleging its competitor has monopolized an active ingredient for crop protection products, based on patent misuse, litigation campaign, asset acquisitions, product tying and customer threats. Motion to dismiss pending. Syngenta Crop Protection AG v. ULP
Represent Fluorofusion, an advanced refrigerant gas manufacturer, in a monopolization and restraint of trade case, alleging its competitors used intellectual property to tie and impose exclusive dealing to exclude our client’s products. Motion to dismiss pending. Fluorofusion Specialty Chemicals, Inc., et al. v. The Chemours Co., et al
Represent Strive, a compounding pharmacy, against two dominant U.S. manufacturers of branded GLP-1 drugs, in a case alleging violations of the Section 1 of the Sherman Act as well as Section 2 violations against Eli Lilly. Strive v. Eli Lilly & Novo Nordisk
Multidistrict litigation, in which 10 antitrust suits were consolidated in this court for pretrial proceedings and retained for trial, involved a conspiracy dating from the mid-1950s on the part of a group of defendant railroads to monopolize the dock handling, storage and land transportation of iron ore along lower Lake Erie. The ultimate verdicts amounted to $638.5 million. In re Lower Lake Erie Iron Ore Antitrust Litigation