The free market only works when participants play by the rules. When they break the rules, businesses and consumers harmed by anticompetitive behavior and other unfair business practices turn to Labaton Sucharow.

Our Antitrust Practice Group has obtained major recoveries in a variety of complex disputes. We represent businesses, consumers, health insurers, and other third-party payors in Class Actions to combat price-fixing schemes, monopolization, and other anticompetitive, unfair and deceptive business practices.

Out in Front

Our Firm has long been on the front lines in the struggle to control the rising cost of pharmaceuticals. In 1996, we took that fight to the courts across the nation and won. In the Brand Name Prescription Drug Litigation, we obtained a $65 million settlement on behalf of consumers. In addition to obtaining a substantial recovery for consumers, we obtained Court approval to use settlement funds to subsidize approximately one million prescriptions for low-income patients at community health centers in 11 states. But pharmaceuticals is just one market in which Labaton Sucharow has helped to preserve competition.

Labaton Sucharow’s pioneering antitrust litigations have included numerous industries— from food additives to raw materials, chemicals, paper, resin, copper, natural gas and crude oil futures, vitamins, and food products to employees’ salaries, shipping costs and equity options.

Major Recoveries in Antitrust Actions

The Antitrust Practice Group’s continuing record of successful recoveries for victims of anticompetitive conduct speaks for itself. As Co-Lead or Lead Counsel, the Firm’s Antitrust Practice Group has achieved many outstanding results—highlights include:

• In 2008, obtained preliminary approval of an $85 million partial settlement on behalf of businesses and consumers injured by an alleged conspiracy by defendants Deutsche Lufthansa AG, Lufthansa Cargo AG, and Swiss International Air Lines Ltd. to fix cargo surcharges. The case continues against remaining defendants.
  
• In 2006-2007, obtained settlements totaling almost $101 million on behalf of a class of NYMEX Natural Gas futures traders, the second-largest class action commodities manipulation recovery on record.
  
• In 2005-2006, obtained settlements totaling $47 million on behalf of a class of equity options purchasers injured by an alleged scheme to restrict the exchange listing of equity options.
  
• In 2004, obtained $90 million settlement on behalf of union health and welfare funds and insurers nationwide, and consumers in certain states, to settle claims of monopolistic and anticompetitive conduct concerning BuSpar, an anti-anxiety drug.
  
• In 2003, obtained settlements totaling $135.4 million on behalf of consumers and third-party payors nationwide against Mylan Laboratories, Inc., for unlawful and anticompetitive price increases for generic versions of the anti-anxiety drugs lorazepam and clorazepate.
  
• In 2002, obtained more than $18 million in settlements with Pfizer and Fujisawa on behalf of purchasers of the food additives maltol and sodium erythorbate.
  
• In 2001, obtained approval of a $44.5 million settlement with DuPont Pharmaceuticals Company on behalf of consumers, union health and welfare funds, and private insurers who purchased Coumadin, a blood-thinning drug.
  
• In 2000, obtained settlements totaling almost $90 million in class actions pending in California state court against Sumitomo Corporation and others, on behalf of business purchasers of copper products harmed by unlawfully inflated copper prices.

• Judge Myron Greenberg, in approving the Minnesota portion of the settlement, noted: "I think the lawyering in this case is most commendable… [Counsel] have accorded themselves in a manner that allows us to be proud of the profession."
• Similarly, Judge Moria Krueger, in approving Wisconsin’s portion of the settlement, complimented the Firm and noted: "This Court has been helped along every step of the way by some outstanding lawyering… [Y]ou can hardly say that there has been anything but five star attorneys involved in this case."

In approving the $90 million settlement on behalf of the class in In re Buspirone Antitrust Litigation, Judge John Koeltl, of the United States District Court for the Southern District of New York, commented on the Firm's performance as Co-Lead Counsel, and stated: 

• "Let me say that the lawyers in this case have done a stupendous job. They really have."

Labaton Sucharow is actively engaged in the prosecution of major antitrust class actions pending throughout the United States. It is Co-Lead Counsel in many antitrust cases, including In re Air Cargo Shipping Services Antitrust Litigation (E.D.N.Y.), In re Marine Hoses Antitrust Litigation (S.D. Fla.), In re Natural Gas Commodity Litigation (S.D.N.Y.), In re Ciprofloxacin Antitrust Litigation (E.D.N.Y.), In re Flat Glass II Antitrust Litigation (W.D. Pa.), In re Foundry Resins Antitrust Litigation M.D.L. 1638 (S.D. Ohio), In re Parcel Tanker Shipping Services Antitrust Litigation (D. Ct.), In re Tricor Antitrust Litigation (D. Del.), In re Norvir Antitrust Litigation (N.D. Ca.), In re OxyContin Antitrust Litigation (S.D.N.Y.), In re Energy Transfer Partners Natural Gas Litigation (S.D. Tex) and Rio Grande Royalty Company v. Energy Transfer Partners (S.D. Tex). It also is on the Executive Committee or actively involved in other major antitrust litigations, including In re Chocolate Confectionary Antitrust Litigation (M.D. Pa.), In re Amaranth Natural Gas Commodities Litigation (S.D.N.Y.), In re Payment Card Antitrust Litigation (E.D.N.Y.), In re New Motor Vehicles Canadian Export Antitrust Litigation (D. Me.), In re Funeral Consumers Antitrust Litigation (S.D. Tex), In re Hydrogen Peroxide Antitrust Litigation (E.D. Pa.), and In Re Pineapple Antitrust Litigation (S.D.N.Y.).

For additional information on other class action and Antitrust cases, please visit Cases on our web site.