Antitrust and Trade Regulation Successes

Keller Rohrback’s antitrust and trade regulation practice represents plaintiffs in state and federal courts to ensure that consumers get the benefits of free and fair competition in the marketplace. We have successfully litigated cases on behalf of both consumers and businesses who have been harmed by illegal anti-competitive conduct, such as price fixing, price discrimination, misleading and deceptive marketing practices, and the monopolization and attempted monopolization of markets.

For decades, Keller Rohrback has served as lead counsel on multi-district litigation (“MDL”) executive committees and in other prominent roles in large price-fixing and price discrimination cases across the country.

Representative Cases & Successes

Behrend, et al. v. Comcast Corporation, et al.
(E.D. Pa.). Keller Rohrback served on the Executive Committee of the class action brought on behalf of cable television subscribers in certain counties within the state of Pennsylvania. The action alleged that the owners of certain cable systems illegally conspired to monopolize city cable markets by illegally “swapping” territories. These swapping agreements, in concert with other acts, amounted to agreements to allocate territories and markets designed to avoid meaningful competition, thereby allowing defendants to overcharge consumers for certain cable television services in those urban markets. The Court approved a settlement valued at $50 million.

Nurse Wage LitigationFleischman v. Albany Medical CenterCason-Merenda v. Detroit Medical Center
(N.D.N.Y.); (E.D. Mich.). Keller Rohrback was co-lead counsel in these long-running antitrust actions, which recovered $105 million in underpaid wages resulting from an alleged conspiracy among hospitals to set the compensation of their nurse employees in Albany, New York and Detroit, Michigan.

Ferko v. NASCAR
(E.D. Tex.). Keller Rohrback was counsel for plaintiff, a shareholder in Texas Motor Speedway (TMS), in a lawsuit that charged NASCAR with breach of contract, unlawful monopolization, and conspiring with International Speedway Corporation (ISC) to restrain trade in violation of the antitrust laws. The settlement agreement allowed TMS to purchase North Carolina Speedway from ISC and required NASCAR to sanction a Nextel Cup Series race at TMS in the future, relief that was valued in excess of $100 million.

In re Vitamins Antitrust Litigation
(D.D.C.). Keller Rohrback played a significant role in litigating this MDL case, one of the largest and most successful antitrust cases in history. Chief Judge Thomas Hogan certified two classes of businesses who directly purchased bulk vitamins and were overcharged as a result of a ten-year global price-fixing and market-allocation conspiracy. Recoveries for the class through settlement and verdict totaled over $1 billion.

Johnson v. Arizona Hospital & Healthcare Association
(D. Ariz.). Keller Rohrback represented agency nurses who worked at various Arizona hospitals seeking to recover the underpayment of wages resulting from a conspiracy to suppress the cost of agency nurses. The class achieved 16 settlements of over $26 million.

Molecular Diagnostics Laboratories v. Hoffman-La Roche, Inc.
(D.D.C.). Keller Rohrback served on the executive committee of this class action lawsuit on behalf of direct purchasers of thermus aquaticus DNA polymerase (Taq), an essential input to technologies used to study DNA. The lawsuit alleged that various Hoffman-La Roche entities, in concert with the Perkins Elmer Corp., fraudulently procured a patent for Taq with the intent and effect of illegally monopolizing the Taq market. The court approved a $33 million settlement in 2008.

Cox v. Microsoft Corp.
(D. Md.). Keller Rohrback served on the executive committee of plaintiffs’ counsel in this MDL class action challenging Microsoft’s monopolistic practices. A class of direct purchasers of operating system software achieved a settlement of $10.5 million.

Daisy Mountain Fire District v. Microsoft Corp.
(D. Md.). Keller Rohrback obtained a settlement in excess of $4 million on behalf of a class of Arizona governmental entities that indirectly purchased operating systems and software from Microsoft for overcharges resulting from Microsoft’s monopolistic practices. The settlement returned millions of dollars to local government entities at a time of severe budget crisis in the state.

Transamerican Refining Corporation v. Dravo Corp.
(S.D. Tex.). Keller Rohrback served as co-lead counsel in this class action filed on behalf of all cost-plus purchasers of specialty steel pipe. Fabricators and suppliers of that pipe were sued on allegations of a nationwide price fixing conspiracy. The class, comprised mainly of owners of electric generating plants and oil refineries, achieved settlements over $49 million.

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