Cases

Antitrust Litigation

Below is a representative sampling of the Firm’s antitrust litigation cases:

Blue Cross Blue Shield ($2.67 Billion)
In re Blue Cross Blue Shield Antitrust Litigation

Northern District of Alabama

G&E represented a group of subscribers of Blue Cross Blue Shield (BCBS) plans that sought to enjoin an ongoing conspiracy in violation of the Sherman Act involving Blue Cross Blue Shield of America (BCBSA) and the thirty-seven other BCBS health plans. In addition, the plaintiffs sought to recover damages in the form of inflated premiums that the BCBS plans had charged as a result of this illegal conspiracy, and as a result of the anticompetitive conduct they had taken in their illegal efforts to establish and maintain monopoly power throughout the regions in which they operate. The settlement is one of the largest monetary recoveries reached in an antitrust class action, and also incorporates sweeping injunctive relief from the defendants’ anti-competitive practices.

Keurig (Active)
In re Keurig Green Mountain Single-Serve Coffee Antitrust Litigation

Southern District of New York

G&E is currently serving as co-lead counsel in a case against Keurig Green Mountain for monopolizing the single-serve coffee brewer and cup market in the United States. Plaintiffs allege that by acquiring potential competitors, initiating sham patent litigation against competitors, and securing exclusive dealing arrangements, Keurig has created a monopoly to shield it from competition, allowing Keurig to charge an artificially high price to consumers.

Lithium-Ion Batteries ($139.3 Million)
In re Lithium-Ion Batteries Antitrust Litigation

Northern District of California

G&E was a member of the Executive Committee for Direct Purchaser Class Plaintiffs. Plaintiffs, purchasers of lithium-ion batteries, the rechargeable batteries used in cell phones and other consumer electronics, alleged that numerous battery manufactures conspired to fix lithium-ion battery prices, allowing the manufacturers to overcharge battery purchasers. After nearly six years of aggressive litigation, G&E helped secure $139.3 million in settlements with the defendants.

London Silver Fixing (Active)
In re London Silver Fixing Antitrust Litigation

Southern District of New York

G&E has been appointed co-lead counsel in a case alleging that some of the world’s largest financial institutions colluded to fix the price of silver futures to ensure they received artificially high returns as part of The London Silver Market Fixing Ltd. The suit accuses the defendants of publishing false prices to affect silver futures on the Comex market, in violation of the Sherman Antitrust and Commodity Exchange Acts, and seeks to recover damages for those who transacted in Comex silver futures since January 1, 2007.

Polyurethane Foam ($430 Million)
In re Polyurethane Foam Antitrust Litigation

Northern District of Ohio

G&E served on the Executive Committee in a case against manufacturers of foam products, wherein a number of foam makers were alleged to have conspired since at least 1999 to fix the price of polyurethane foam, which is widely used as cushioning and insulation in products such as bedding, packaging, flooring, and cars.  The case, filed on behalf of direct purchasers, resolved for over $430 million.

Sirius XM Radio Inc. (Settlement Valued at $180 Million)
Blessing v. Sirius XM Radio, Inc.

Southern District of New York

G&E was appointed as co-lead counsel to represent a class of customers in a case alleging that Sirius XM Radio Inc. deceptively increased prices in breach of its subscribers’ contracts.  The class, which was made up of some 15 million subscribers, claimed that the company broke antitrust laws by raising prices shortly after the 2008 merger between Sirius Satellite Radio and XM Satellite Radio, and that Sirius XM Satellite Radio improperly increased monthly charges for satellite radio by nearly 30%. In a major victory for consumers, on the verge of trial in May 2011, Sirius XM settled with the plaintiffs and agreed to not raise prices for the remainder of 2011, a benefit valued at $180 million to subscribers.

Visa and MasterCard (Active)
In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation

Eastern District of New York

G&E has been appointed co-lead counsel representing a class of merchants seeking equitable relief in a suit alleging that Visa, MasterCard, and several major card-issuing banks have engaged in collusive practices to fix payment card interchange fees at artificially high rates, and that certain rules promulgated and enforced by Visa and MasterCard are anticompetitive and artificially increase the interchange fees paid to card issuing banks by the merchants.

BCBS Among Largest Monetary Recoveries for an Antitrust Class Action

Incorporating sweeping anti-competitive practice reforms, one of the largest monetary recoveries achieved in an American antitrust class action case.


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