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Plaintiffs' Litigation
Antitrust Defense

Antitrust Practices

Plaintiffs' Litigation

Adams Holcomb specializes in representing groups of clients that are among the primary purchasers of products from suppliers that participated in unlawful cartels. Our clients opt out of class actions and file their own cases directly against the defendants. By sharing the risks and rewards of the litigation through (partial or wholly) contingent fee arrangements, we have consistently generated much larger recoveries for clients than they would have received had they remained as members of a plaintiffs' class.

By sharing risk our clients receive the benefit of having their claim litigated at minimal cost by experienced counsel. They also avoid the burden of paying by the billable hour while risking an unfavorable outcome in court. Under our model, clients spread their litigation risks and costs while incentivizing their lawyers to aggressively prosecute their claim. We help our clients evaluate whether to opt out of the class and pursue their claims directly against the defendants. We are aided in this analysis by economists who are among the best in the business. If litigation is necessary, we co-counsel with top plaintiff-side litigators to press the litigation with maximum effort.

Some of our Plaintiffs' Litigation case experience includes:

  • Representation of a group of food, beverage, and nutritional supplement companies that purchased more than $3 billion worth of bulk vitamins and amino acids in litigation to recover overcharges from an international price fixing cartel. The cases were settled for the largest recoveries in antitrust history.
  • Representation of a client group that purchased almost $7 billion worth of corrugated boxes in litigation alleging price fixing by a cartel of integrated paper products companies.
  • Representation of an indirect purchaser client group alleging worldwide price manipulation of copper markets.
  • Representation of tire and rubber companies seeking damages caused by a conspiracy to fix the prices of chemicals used in the manufacturing of rubber products.
  • Representation of a group of major food manufacturers that purchased citric acid from members of a worldwide price fixing cartel.
  • We have also achieved significant results for corporate clients who have been victimized by unlawful monopolization conduct and anticompetitive business practices. We have litigated antitrust claims involving a multitude of products and markets. The claimed single damages in these cases often total in the hundreds of millions of dollars.

Some of our monopolization and anticompetitive business practices case experience includes:

  • Representation of a prominent computer software provider in litigation alleging monopolization of the market for word processing and related software used on personal computers.
  • Representation of a large national auto parts supplier in pursuing monopolization and exclusive dealing claims in the heavy duty truck industry.
  • Representation of an independent company in state court proceeding against a Fortune 100 company, pursuing redress for various forms of alleged anticompetitive conduct.

 

Antitrust Defense

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We are equally proud of our Antitrust Defense experience. Our lawyers have spent large parts of their careers defending and settling antitrust cases for corporate clients. Our experience representing both plaintiffs and defendants and our experience working with class action counsel has given us a unique perspective on how to settle defense claims at minimal cost to the client. We have frequently been retained to settle antirust claims for clients that have retained other firms to defend the litigation. We have been able to work closely with the defense firms and bring a new perspective to the potential for settlement. As always, we undertake this work on a fee basis which shares the risks with the client. We have consistently helped clients minimize their liability exposure while managing their litigation costs.

Some of our Antitrust Defense case experience includes:

  • Defended one of the nation's largest household goods van lines in ground-breaking antitrust litigation following deregulation in the moving and storage industry. The case concerned the van line's ability to restrict its local agents from engaging in direct competition with the van line. The district court granted summary judgment for the client. The decision by the U.S. Court of Appeals for the District of Columbia Circuit affirming the summary judgment ruling is a leading precedent on the lawfulness of marketing restrictions on agents and distributors.
  • Defended a major construction contractor in criminal investigation and related government litigation alleging bid-rigging on international construction projects.
  • Defended a polyester staple supplier in criminal investigation and federal and state civil litigation alleging price fixing.
  • Defended a leading manufacturer of polyester staple fiber in the settlement of class and direct action claims by plaintiffs alleging that the manufacturer fixed prices.
  • Defended a major chemicals manufacturer as settlement counsel in response to antitrust class actions and direct litigation by customers to recover treble damages on purchases of synthetic rubber.
  • Defended one of the nation's leading securities firms in an investigation by the Department of Justice into alleged agreements among options exchanges to restrict the listing of certain options to a single exchange.
  • Defended and acting as Liaison Counsel for market-maker defendants in stock option litigation and settlement of related class action cases.
  • Defended a chemicals company against criminal investigation and multidistrict federal direct purchaser Sherman Act and multistate indirect purchaser unfair trade practices litigation.
  • Defended a spun-yarns manufacturer against criminal investigation and multiple federal class actions.
  • Defended a prominent securities firm in defense of a class action alleging a conspiracy among underwriters to fix the fees paid by issuers in connection with initial public offerings. The client was dismissed as a defendant.
  • Defended one of the largest Nasdaq market makers and service as co-liaison counsel for the defendants in the litigation and settlement of class actions charging market makers with fixing bid/ask spreads. The case also involved responding to an investigation by the Department of Justice and the negotiation of a consent decree to resolve the government's antitrust allegations.
  • Representation of a world-wide credit and charge card network in defense of allegations that exclusivity agreements with issuers violated the antitrust laws.

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