Antitrust & Global Competition
Overview
Cotchett, Pitre & McCarthy, LLP has been at the forefront of civil antitrust enforcement with over $2 billion in recoveries for consumers and businesses in the past several years alone. Our Antitrust & Global Competition Group draws on decades of experience practicing antitrust, unfair competition, consumer protection, and class action law on both coasts. We bring a diverse and unique global perspective to today’s increasingly borderless business landscape. We have successfully led or co-led the prosecution of antitrust cases in various industries, including air transportation, automotive, cargo and logistics, consumer electronics, energy and natural gas, and financial.
CPM regularly ranks as one of the top firms in the United States for antitrust litigation. The Antitrust, UCL and Privacy Section of the California Lawyers Association (f/k/a the State Bar of California) named our founding partner, Joseph W. Cotchett, as the Antitrust Lawyer of the Year in 2011. The American Antitrust Institute has honored our attorneys with multiple awards, and our attorneys regularly appear on the Super Lawyers Top Lists.
We assist consumers, businesses, companies, and governments affected by anticompetitive conduct by advising whether and how to pursue legal action. We believe that our economy is based on fair competition, and state and federal antitrust laws are intended to ensure that competition is protected and collusion punished. Our civil enforcement of antitrust laws is a top priority, and our investigation of competition violations in various industries is ongoing. If you would like to discuss your potential or pending antitrust case, please follow up with Adam Zapala or Elizabeth Castillo.
Noteworthy Cases
Noteworthy Cases
In re Automotive Parts Antitrust Litigation
USDC, Eastern District of Michigan
CPM serves as co-lead counsel for end-payor plaintiffs against scores of automotive parts suppliers for allegedly engaging in massive conspiracies to fix the prices, rig the bids, and allocate the markets of various automotive parts sold to automobile manufacturers, next sold to automobile dealerships, and then sold to consumers and businesses. To date, CPM and its co-lead counsel have recovered over $1.2 billion for the classes.
In re Freight Forwarders Antitrust Litigation
USDC, Eastern District of New York
CPM served as co-lead counsel for purchasers of freight forwarding services from freight forwarders who allegedly engaged in a conspiracy to unlawfully inflate, fix, raise, maintain, and/or artificially stabilize the prices of freight forwarding services. CPM and its co-lead counsel recovered approximately $450 million for the class.
In re Transpacific Passenger Air Transportation Antitrust Litigation
USDC, Northern District of California
CPM served as co-lead counsel for purchasers of air transportation against 13 Asian and Oceanic airlines for allegedly engaging in a conspiracy to fix the prices of discount fares and fuel surcharges on long-haul passenger flights for transpacific routes. CPM and its co-lead counsel recovered over $148 million for the classes.
In re Lithium-ion Batteries Antitrust Litigation
USDC, Northern District of California
CPM served as co-lead counsel for indirect purchasers of lithium-ion batteries against lithium-ion battery suppliers for allegedly engaging in a conspiracy to fix the prices of these products. CPM and its co-lead counsel recovered $113 million for the classes.
In re Capacitors Antitrust Litigation
USDC, Northern District of California
CPM serves as lead counsel for indirect purchasers of electrolytic and film capacitors against capacitor suppliers for allegedly engaging in two massive and separate conspiracies to unlawfully inflate, fix, raise, maintain, and/or artificially stabilize the prices of electrolytic and film capacitors, respectively. To date, CPM has recovered $80.4 million for the classes.
In re Resistors Antitrust Litigation
USDC, Northern District of California
CPM served lead counsel for indirect purchasers of linear resistors for allegedly engaging in a conspiracy to unlawfully inflate, fix, raise, maintain, and/or artificially stabilize the prices of linear resistors. CPM recovered $33.4 million for the classes.
In re Domestic Airline Travel Antitrust Litigation
USDC, District of the District of Columbia
CPM and Adam J. Zapala serve as co-lead counsel for purchasers of air transportation against American Airlines, Inc., Delta Airlines, Inc., Southwest Airlines Co., and United Airlines, Inc. for allegedly engaging in a conspiracy to restrict capacity and thereby raise prices for air passenger transportation services. To date, CPM and its co-lead counsel have recovered $60 million for the class.
In re Broiler Chicken Antitrust Litigation
USDC, Northern District of Illinois
CPM serves as co-lead counsel for commercial and institutional indirect purchasers against broiler chicken suppliers for allegedly engaging in a conspiracy to fix, raise, maintain, and stabilize the prices of broiler chickens by coordinating output and limiting production with the intended and expected result of increasing the prices of broiler chickens.
In re Qualcomm Antitrust Litigation
USDC, Northern District of California
CPM serves as co-lead counsel for classes of consumers and businesses against Qualcomm for monopolizing and engaging in other anticompetitive conduct in the market for cellular devices and modem chips.
In re Generic Pharmaceuticals Pricing Antitrust Litigation
USDC, Eastern District of Pennsylvania
CPM and Adam J. Zapala serve as a member of the Steering Committee member and represent end-payor plaintiffs of generic drugs against dozens of generic drug manufacturers for alleged engaging in conspiracies to unlawfully inflate, fix, raise, maintain, and/or artificially stabilize the prices of dozens of generic drugs.
In re Cathode Ray Tube (CRT) Antitrust Litigation
USDC, Northern District of California
CPM serves as a member of the Executive Committee and represents direct purchasers against CRT manufacturers for allegedly engaged in a conspiracy to unlawfully inflate, fix, raise, maintain, and/or artificially stabilize the prices of CRTs. Counsel for direct purchaser plaintiffs recovered over $212 million for the class.
In re International Air Transportation Surcharge Antitrust Litigation
USDC, Northern District of California
CPM served as co-lead counsel for purchasers of purchasers of air transportation against Virgin Atlantic Airways Ltd. and British Airways for allegedly engaging in a conspiracy to impose fuel surcharges on long-haul passenger flights for transatlantic routes. CPM and its co-lead counsel recovered over $204 million for the class.
In re Optical Disk Drive (ODD) Antitrust Litigation
USDC, Northern District of California
CPM served as a member of the Executive Committee and represented direct purchasers against ODD manufacturers for allegedly engaged in a conspiracy to unlawfully inflate, fix, raise, maintain, and/or artificially stabilize the prices of ODDs. Counsel for direct purchaser plaintiffs recovered $74,750,000 for the class.
In re Static Random Access Memory (SRAM) Antitrust Litigation
USDC, Northern District of California
CPM served as lead counsel for direct purchasers of SRAM against SRAM manufacturers for allegedly engaged in a conspiracy to unlawfully inflate, fix, raise, maintain, and/or artificially stabilize the prices of SRAM chips. CPM recovered $77 million for the class.
In re Dynamic Random Access Memory (DRAM) Antitrust Litigation
USDC, Northern District of California
CPM served as chair of the Discovery Committee and represented direct purchasers against DRAM manufacturers for allegedly engaged in a conspiracy to unlawfully inflate, fix, raise, maintain, and/or artificially stabilize the prices of ODDs. Counsel for direct purchaser plaintiffs recovered over $325 million for the class.
National Gas Antitrust Cases I, II, III, & IV
San Diego Superior Court
CPM represented 11 public entities and others for the reporting of false information by non-core natural gas retailers to published price indices to manipulate the natural gas market during the California energy crisis. CPM successfully prosecuted this case, concluding in approximately $124 million in settlements.
In re Municipal Derivatives Antitrust Litigation
USDC, Southern District of New York
CPM represented dozens of public entities in ongoing litigation alleging the manipulation of municipal investments for bond funds by a number of financial institutions, insurance companies and brokers colluded to bid-rig the multi-billion dollar derivatives market. Bank of America sought amnesty for violations of U.S. antitrust laws by admitting its involvement in the conspiracy. Several executives from major financial institutions including JPMorgan, UBS and GE Capital have pled guilty to criminal charges for their involvement in the bid-rigging conspiracy. By bringing individual actions, CPM was able to maximize gains on behalf of its public entity clients.
