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Ross v. Bank of America
Discover Financial Services
Winston & Strawn served as lead trial counsel on behalf of Discover Financial Services in a six-week bench trial in the Southern District of New York seeking injunctive, class-wide relief for an alleged antitrust conspiracy under Section 1 of the Sherman Act by certain credit card companies to adopt mandatory arbitration clauses.
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LCD Antitrust Litigation
Dell Inc.
Winston & Strawn represents Dell Inc. in LCD antitrust litigation pending in the Northern District of California. Dell, a large purchaser of LCD components, alleges violations of the U.S. Sherman Act by a variety of Japanese and South Korean LCD makers, some of which have pled guilty to, or have been found guilty of, unlawful fixing of the world-wide prices of LCDs. Dell previously opted out of a pending class action lawsuit against these LCD manufacturers.
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Panasonic Consumer Antitrust Class Action
Panasonic Corporation
Winston lawyers secured a victory for Panasonic Corporation in a consumer antitrust class action brought by indirect purchasers of SD memory cards, who challenged the SD card patent pool and licensing program. The plaintiffs’ complaint, concerning an alleged market "entry fee" via the SD card format, mirrored allegations brought by Samsung Electronics Co. in a related case that has also been dismissed with prejudice.
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Western Sugar Cooperative, et al. v. Archer Daniels Midland Company, et al.
Corn Refiners Association
We are currently representing the Corn Refiners Association (“CRA”) and the U.S. manufacturers of high fructose corn syrup, Archer Daniels Midland Company, Tate & Lyle Ingredients Americas, Inc., Cargill, Corn Products International, and Roquette America, Inc., in a high-profile false advertising matter recently filed against the association and its members by Western Sugar Cooperative, Michigan Sugar Company, and C&H Sugar Company, Inc., and other manufacturers or refiners of sugar and their trade associations. The suit alleges that the defendants’ efforts to describe high-fructose corn syrup as “corn sugar,” natural, and nutritionally and metabolically equivalent to cane and beet sugar, is false and misleading under the federal Lanham Act
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In re Potash Antitrust Litigation
JSC International Potash Company and JSC
We secured an appellate victory for JSC International Potash and JSC Silvinit in two class actions involving direct and indirect purchasers of potash. Plaintiffs alleged a worldwide conspiracy to fix the price of potash, which is used to make fertilizer. Damages were expected to range in the billions, including penalties. Judge Ruben Castillo denied the motions to dismiss but certified the issues for interlocutory appeal, which was argued in June 2010 before the Seventh Circuit. In September 2011, the appeals court vacated the order and remanded the case, instructing the district court to dismiss the price-fixing claims.
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In re Southeastern Milk Antitrust Litigation
Southern Marketing Agency, Inc.
Winston & Strawn represents Southern Marketing Agency (SMA) in six antitrust class action lawsuits that are consolidated in federal court in Greenville, Tenn. SMA is a “marketing-agency-in common” formed by a group of five large dairy co-ops that are alleged to control 75 percent of the milk produced in the southeastern United States. Current and former southeastern dairy farmers brought claims of monopolization, restraint of trade, and price-fixing and seek hundreds of millions of dollars in alleged damages. This case has drawn significant media attention and caught the eyes of Judiciary Committee Chairman Patrick Leahy, Sen. Bernie Sanders, and Sen. Russ Feingold, who have called for antitrust officials to further examine the dairy market
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NorthShore University HealthSystem Antitrust Litigation
NorthShore University HealthSystem
Winston & Strawn successfully defeated class certification in a putative antitrust class action filed against our client NorthShore University HealthSystem (formerly Evanston Northwestern Healthcare). The plaintiffs alleged that the merger of Evanston Hospital and Highland Park Hospital in 2000 anticompetitively raised prices for healthcare services in violation of Section 1 and Section 2 of the Sherman Act, as well as Section 7 of the Clayton Act. The plaintiffs sought to certify a massive class containing all patients, employers, and health insurance companies that paid for services over the past 10 years. Plaintiffs have appealed this ruling to the Seventh Circuit. Winston & Strawn previously represented North Shore successfully against
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Southeast Missouri Hospital and St. Francis Medical Center v. C.R. Bard, Inc.
C.R. Bard, Inc. - Chicago
We obtained a dismissal for client C.R. Bard in a matter brought by St. Francis Medical Center and a nationwide class of hospitals, alleging that Bard entered into contracts with Group Purchasing Organizations that excluded competition in violation of federal and state antitrust laws and caused hospitals to pay inflated prices for Bard's urological catheters. The Eighth Circuit Court of Appeals affirmed the district court’s decision.
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In re Epogen & Aranesp Off-label Marketing and Sales Practices Litigation
Fresenius Medical Care North America
Our attorneys successfully defended Fresenius Medical Care North America and obtained a rare dismissal of a class action at the initial pleading stage in this case in which health benefit plans alleged that Amgen had promoted two drugs for off-label use despite serious associated health risks. The plans also alleged that Amgen, Fresenius, and DaVita had violated RICO and California unfair competition and false advertising laws. This case has been cited as precedent in a number of subsequent dismissals of similar matters by other federal courts. The dismissal was affirmed by the Ninth Circuit in October 2010.
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Dematic Corp. FTC Investigation
Dematic Holding S.a.r.l.
A team of Winston attorneys recently convinced the FTC to end its investigation into the acquisition of HK Systems by our new client, Dematic Corp. Both companies are leading material-handling manufacturers and integrators North America. After the parties filed the required notification with both the Antitrust Division of the Department of Justice and the Federal Trade Commission, the FTC opened a non-public investigation into the matter to determine whether the transaction would harm competition for material-handling systems, such as high-speed conveyor and storage retrieval systems. Notwithstanding the parties’ respective positions in the North American market, Winston convinced the FTC that there would be sufficient competition from glob
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In re Sulfuric Acid Antitrust Litigation
Marsulex, Inc.
Winston’s antitrust team represented Toronto-based Marsulex Corp. and ChemTrade Logistics in In re Sulfuric Acid Antitrust Litigation. The plaintiffs in these cases alleged that several producers of sulfuric acid engaged in a conspiracy to restrict the output and supply of that product. Marsulex and ChemTrade originally were exonerated in any criminal proceedings as a result of obtaining amnesty from the Antitrust Division of the DOJ. After both parties were named as defendants in a civil case, our attorneys filed a motion for civil amnesty under a new federal statute. The Northern District of Illinois granted our motion, invoking the new federal amnesty statute for the first time. As a result, the case against our client settled for a nomi
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Abbott Laboratories v. Baxter, Inc.
Abbott Laboratories
The Seventh Circuit Court of Appeals upheld client Abbott Laboratories’ position that a co-terminus, non-compete provision in a patent licensing agreement did not violate Section 1 of the Sherman Act. Applying the doctrine of ancillarity, the Appeals Court agreed with Abbott’s view that the non-compete running toward the licensor, Baxter, was reasonable in scope and related to the underlying patent license agreement. As a result, the Seventh Circuit upheld Abbott’s contention that Baxter could not compete with Abbott’s branded inhalant anesthetic drug, Ultane®. Upon the expiry of the non-compete, Baxter then attempted to suggest to potential customers that they could use their current Abbott-owned vaporizers to administer Baxter’s generic p
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In re Linerboard Antitrust Litigation
Smurfit Stone Container Corporation
We represented Smurfit Stone Container in In re Linerboard Antitrust Litigation, an industry-wide price-fixing class action consolidated in the Eastern District of Pennsylvania. Many individual purchasers of linerboard opted out of the class-wide settlement and attempted to continue litigation with our client and other industry members. When the court issued a decision requiring the opt-outs to ratify their actions, hundreds of plaintiffs were unable to adequately verify their actions, resulting in the dismissal of hundreds of millions of dollars in claims. Our client then reached favorable settlements in several pending actions.
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U.S. v. Microsoft
Microsoft Corporation
Winston & Strawn attorneys were retained by Microsoft Corporation as co-lead counsel in connection with a series of highly publicized antitrust claims brought by various federal and state governmental entities. We defended the company in connection with the claims being pursued by the nine non-settling states. Our attorneys gave the opening statement for Microsoft, put CEO Bill Gates on the witness stand, and cross-examined some of the states' witnesses before Judge Colleen Kollar-Kotelly, who ruled in Microsoft's favor, thereby upholding the settlement reached by Microsoft and the U.S. Department of Justice.
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In re Norvir Antitrust Litigation - Indirect Purchasers
Abbott Laboratories
Winston secured a huge victory in the Ninth Circuit for Abbott Laboratories, which ended a high-profile indirect purchaser antitrust class action that involved a 400 percent increase for Abbott’s HIV drug Norvir.® In August 2008, on the eve of trial before the Northern District of California, the parties to the original class action agreed to a novel high-low settlement contingent upon the outcome of an interlocutory appeal. Winston designed the settlement for the express purpose of knocking out the massive follow-on cases before the separate trial in those cases. Under the terms of that settlement, Abbott paid $10 million up front to non-profit groups serving HIV patients. Payment of an extra $17.5 million was contingent upon the outcome o
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In re Norvir Antitrust Litigation - Direct Purchasers
Abbott Laboratories
In March 2011, a California jury returned a verdict for our client Abbott Laboratories in an antitrust case The American Lawyer described as “history-making” and “a huge win for Abbott’s lawyers at Winston & Strawn.” The stakes were massive. Abbott’s fierce competitor, GlaxoSmithKline, was seeking more than $1.7 billion in trebled damages under antitrust laws. The jury’s verdict in Abbott’s favor – widely reported in the national press – involved Abbott’s decision in 2003 to raise the price of one of its HIV drugs, Norvir®, by 400 percent. That price increase spawned multiple class actions and government investigations, all of which Winston & Strawn defeated either through court wins, no prosecution decisions, or modest settlements. For ins
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International Food Company Unfair Competition Class Action
We represented a publicly traded international company in the food industry against representatives of a putative class of 1,600 commercial walnut growers throughout California in a $70 million claim alleging that our client failed to pay agreed-upon prices for the growers’ crops, violated various statutes, and committed violations of the California Unfair Competition Law. Our attorneys obtained an order striking all of plaintiffs’ class action allegations, at which point the case was stayed indefinitely by stipulation pending plaintiffs’ appeal to the Third District Court of Appeal. The appeal court recently upheld the trial court’s ruling in full, striking the class allegations from the complaint and finding the parties’ class action waiv
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Golden Bridge Technology v. Motorola, et al.
Motorola Solutions, Inc.
A Winston & Strawn team secured a victory for Motorola from the Fifth Circuit Court of Appeals in connection with a claim brought under Section 1 of the Sherman Act. Golden Bridge Technology, a developer of wireless communications technology, brought suit against Motorola and other members of a standard-setting organization known as 3GPP (including Nokia, Qualcomm, Lucent, and T-Mobile), alleging that defendants conspired to unlawfully remove certain of Golden Bridge's proprietary technology from the standard. Despite Golden Bridge's contentions that Motorola had secret communications with its co-defendants in an attempt to boycott the use of Golden Bridge's technology and drive it out of the standard, the District Court for the Eastern Dis
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In re K-Dur Antitrust Litigation
Wyeth
We recently won summary judgment in an antitrust class action against our client, Wyeth (Pfizer), which brought to an end nearly a decade of related federal and state cases in which the plaintiffs had challenged Wyeth's settlement of a patent lawsuit relating to a patented potassium chloride product called K-Dur. In the antitrust litigation, plaintiffs alleged that the patent settlement between our client and Schering-Plough Corporation had anti-competitive effects and resulted in their paying more for K-Dur and other potassium chloride supplements than they otherwise would have paid. Approximately 50 separate state and federal lawsuits were filed making the substantially the same allegations, with the federal cases consolidated in multi-di
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In re Construction Flat Glass Antitrust Litigation
PPG Industries, Inc.
Winston & Strawn continues to represent PPG Industries in a series of antitrust class actions pending in the Western District of Pennsylvania. The plaintiffs, who allege that they are direct purchasers of construction flat glass, contend that the defendants conspired to fix energy surcharges and prices for construction flat glass during the time period between July 1, 2002 and December 31, 2006. Construction flat glass is used as a raw material in windows for residential and commercial construction. The putative action seeks damages that, with trebling, could total in the hundreds of million of dollars.
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U.S. v. General Electric
General Electric Company
We represented GE in a criminal case in U.S. District Court in Columbus, Ohio, in which the government alleged that GE had conspired with its biggest competitor to fix the price of industrial diamonds. After five weeks of testimony by the prosecution, the judge dismissed the case because the government failed to produce the evidence that would support a conviction. The GE victory was highlighted in a cover story in The American Lawyer.
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Continental Baking Merger Investigation
Hostess Brands, Inc.
Winston & Strawn represented Interstate Bakeries Corporation in connection with a federal antitrust investigation of our client?s acquisition of the Continental Baking Company from Ralston Purina. The transaction combined Continental Baking Company, the nation?s largest wholesale baker, with Interstate Bakeries Corporation, the third largest wholesale baker. Winston & Strawn handled all aspects of the investigation. The case was settled on the eve of the government?s plan to file suit by the parties? agreement to divest certain white bread brand names in a few geographic areas, allowing the overwhelming remainder of the merger to proceed without delay.
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Antitrust Investigation of Acquisition by Clear Channel
Universal Outdoor, Inc.
Winston & Strawn represented Universal Outdoor Holdings, the parent of the fourth largest outdoor advertising company in the United States, in its sale to industry leader Clear Channel Communications, Inc. Federal antitrust officials cleared the acquisition after the parties agreed that Clear Channel would divest assets in only three of the 20 cities in which Universal operated.
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Bell Atlantic/NYNEX Merger Investigation
Verizon Communications
A Winston & Strawn team represented Bell Atlantic in obtaining antitrust clearance from federal antitrust enforcers to consummate its merger with NYNEX. The transaction, one of the largest telecommunications mergers in the industry?s history, combined Bell Atlantic, the regional bell operating company (RBOC) for the Mid-Atlantic region, with NYNEX, the RBOC which includes New York and most of New England. Our attorneys prepared dozens of witnesses ? including many senior company officials ? for depositions during the government?s intensive review, and was selected to be lead trial counsel had the government challenged the merger.
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U.S. v. Long Island Jewish Medical Center, et al.
North Shore-Long Island Jewish Health Sy
We represented North Shore Health System in the Antitrust Division?s challenge to North Shore?s merger with Long Island Jewish Medical Center that created the largest health care system in the northeastern United States. The DOJ claimed that the merger of the two Long Island-based systems, whose largest hospitals are only two miles apart, would create a monopoly in the market for ?anchor hospitals? in the region. The court found for the defendants in all respects, rejecting the government?s market definition and theories of competitive harm, and determined that the merger was likely to return substantial benefits to the community.
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FTC Investigation of Luxottica/Sunglass Hut Acquisition
Luxottica U.S. Holdings Corp.
Our attorneys persuaded the FTC to close its investigation into Luxottica Group, S.p.A.?s tender offer for Sunglass Hut International, Inc., the largest specialty retail outlet for sunglasses in the United States. Our rapid response to FTC concerns enabled the transaction to clear without the issuance of a second request, which would have substantially complicated or threatened the tender offer.
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In re High Fructose Corn Syrup Antitrust Litigation
Tate & Lyle Ingredients Americas, Inc.
Winston & Strawn represented A.E. Staley Manufacturing in a nationwide antitrust class action that was pending after almost six years of discovery. The class, which included Coca-Cola and Pepsi, alleged that Staley and its co-defendants conspired to fix the price of high-fructose corn syrup, the primary sweetener ingredient used in numerous soft drinks and baked goods. The class sought approximately $4 billion in damages. A successful settlement was reached.
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Luxottica Group, S.p.A. - Cole National Corporation
Luxottica U.S. Holdings Corp.
Winston obtained antitrust clearance from the FTC for Luxottica Group S.p.A.''s $700 million acquisition of Cole National Corporation. With the Cole acquisition, Luxottica adds the Pearle Vision, Sears Optical, Target Optical, and BJ''s Optical retail outlets to its previously acquired LensCrafters and Sunglass Hut chains. Resolution of the antitrust issues were at the forefront of the Cole deal from its inception. The FTC ultimately was persuaded that independent optical stores, local and regional optical chains, and growing mass merchandisers provide competitive alternatives to LensCrafters and Cole, and it closed its investigation into our client''s proposed acquisition without requiring any divestitures.
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J.B.D.L. Corp., et al. v. Wyeth-Ayerst Laboratories, Inc., et al.; CVS Meridian Inc. and Rite Aid Corp. v. Wyeth, 485 F.3d 880 (6th Cir. 2007)
Wyeth
Winston & Strawn represented Wyeth Pharmaceuticals and Wyeth in an antitrust class action brought by direct purchasers of Wyeth?s estrogen therapy product, Premarin?, one of the most prescribed medications in the world. The plaintiffs claimed that Wyeth violated Sections 1 and 2 of the Sherman Act by entering into restrictive rebate contracts with pharmacy benefit managers (PBMs) and other managed care organizations, allegedly leading to higher prices to direct purchasers. This case consolidated a class action and another lawsuit brought under Section 2 of the Sherman Act by two opt-outs, CVS Meridian, Inc. and Rite-Aid Corporation. In June 2005, the federal court in the Southern District of Ohio granted Wyeth?s motion for summary judgment,
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In re High Pressure Laminates Antitrust Litigation
Illinois Tool Works Inc.
A Winston & Strawn trial team secured a major trial victory on behalf of Wilsonart International, a subsidiary of Illinois Tool Works Corporation. The trial occurred in the White Plains Division of the Southern District of New York. The matter was a class action concerning allegations that Wilsonart violated Section One of the Sherman Act by conspiring with its three largest competitors to raise the prices of High Pressure Laminate (HPL) in the United States. After trebling, the class was seeking more than $1.3 billion in damages. Wilsonart was the sole remaining defendant after two of its codefendants settled for $41 million and another had the matter discharged in bankruptcy. On May 24, 2006, after a two-month trial, the jury found Wilso
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Geneva Pharmaceutical Technology Corp. v. Barr Laboratories, Inc.
Teva North America
We defended Barr Laboratories against a multi-million dollar antitrust claim brought by two generic pharmaceutical competitors.
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FTC Review of Stellex Sale to GKN
Stellex Aerostructures, Inc.
A Winston & Strawn antitrust team representing Stellex Aerostructures, Inc., a subsidiary of the Carlyle Group, recently obtained Federal Trade Commission clearance for the sale of Stellex to UK-based GKN Corporation. Both companies manufacture engineered subsystems and components for the aerospace industry.
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Rochester Medical Corporation v. C.R. Bard, Inc. et al.
C.R. Bard, Inc. - Chicago
Winston & Strawn represented C.R. Bard, the largest-selling manufacturer of indwelling (Foley) catheters in the United States, in an antitrust lawsuit brought by Rochester Medical Corporation, a niche manufacturer of silicone Foley catheters. Tyco, along with Premier and Novation, the two largest hospital group purchasing organizations (GPOs) in the medical device industry, were co-defendants in this case. Rochester alleged that the defendants had conspired to exclude Rochester from the market for urological catheters, including the market for infection control catheters. Rochester claimed it had created an infection control Foley catheter that was superior to catheters offered by Bard and Tyco in reducing urinary tract infections. Rocheste
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In re Automotive Refinishing Paint Antitrust Litigation, MDL No. 1426
PPG Industries, Inc.
Winston & Strawn was retained by PPG Industries as national counsel in numerous antitrust class actions around the country involving allegations of price-fixing in the automotive refinishing paint industry, including 68 cases that were consolidated in federal court in Philadelphia, as well as class actions filed in state courts in California, Maine, Tennessee, Vermont, and Massachusetts. The complaints generally alleged that PPG engaged in a price-fixing conspiracy with other manufacturers of refinishing paint, including The Sherwin-Williams Company, BASF Corporation, DuPont Performance Coatings, Inc., and Akzo Nobel Coatings Inc. The class plaintiffs sought hundreds of millions of dollars in damages. Winston vigorously defended the claims
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Marsulex Corp. v. Trelleborg AB, et al.
Marsulex, Inc.
The firm represented Marsulex Corp. in its April 2007 arbitration hearing in New York in which our client claimed damages of $40 million arising out of its 1998 acquisition of assets from Swedish company Trelleborg AB.
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