SPOTLIGHT

Price-fixing and horizontal agreements

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Bates White has established an outstanding reputation for evaluating allegations of unlawful agreements among competitors. We have been retained in almost every significant international price-fixing matter over the past 15 years, and we have played a key role in hundreds of price-fixing settlements. We specialize in assessing claims of price-fixing, bid-rigging, supply restrictions, and market allocation, and in quantifying the economic effects of such conduct. Our professionals routinely provide expert testimony, consulting support, and settlement support to defendant and plaintiff clients.

Selected experience

  • In re Vitamin C Antitrust Litigation. Douglas Bernheim testified on behalf of plaintiffs at trial in the US District Court for the Eastern District of New York. The case alleged price-fixing agreements among Chinese suppliers of vitamin C and marked the first time that Chinese companies faced a trial on US antitrust claims. For more information, read the press release

  • In re Chocolate Confectionary Antitrust Litigation. Robert Marshall provided expert testimony on behalf of defendant Nestlé USA. Dr. Marshall analyzed economic evidence regarding Nestlé USA’s participation in an alleged conspiracy to fix prices of chocolate confections in the United States. His testimony addressed liability and damages analyses proffered by class and direct action economic experts.

  • Price-fixing in the rubber industry. Provided economic analysis on behalf of plaintiff tire manufacturers in UK proceedings regarding private damages claims related to an EU synthetic rubber cartel. Supported expert testimony of Hans Friederiszick of our European partner E.CA Economics, and worked with attorneys in the UK and the US to quantify damages.

  • In re TFT-LCD (Flat Panel) Antitrust Litigation. Douglas Bernheim, Leslie Marx, and Karl Snow have been retained to provide expert reports, deposition, and trial testimony on behalf of a coalition of direct action plaintiffs in the United States, Asia, and Europe represented by multiple law firms. Their testimony includes economic analyses to assess liability and damages resulting from the alleged illegal conduct. The Bates White team is also supporting testimony of an industry expert and an expert regarding the financial implications of the overcharges.

  • In re Urethane Antitrust Litigation. Leslie Marx provided expert reports, deposition, and trial testimony on damages on behalf of a coalition of direct action plaintiffs. Bates White also provided consulting services throughout all phases of the litigation. For more information, read the press release

  • Price-fixing in the freight forwarding industry. Bates White and E.CA Economics were retained by a freight forwarder involved in negotiations with the US Department of Justice, European Commission, and enforcement agencies in other jurisdictions over allegations of price-fixing in the freight forwarding industry. Conducted analysis of impact and provided data analysis and support.

  • In re EPDM Antitrust Litigation and In re PCP Antitrust Litigation. Provided extensive consulting services for a defendant. Developed econometric and financial damages estimates to evaluate potential damages exposure, use in settlement discussions, and understand potential government fines. Supported discussions with government agencies in the United States and Europe regarding plea agreements and fines. Responded to ongoing discovery and cooperation requests from plaintiffs.

  • United States ex rel. Bunk v. Birkart Globistics and United States ex rel. Ammons v. Pasha Group. Robert Marshall provided expert reports, deposition, and trial testimony on behalf of the United States. Dr. Marshall testified before a jury on the damages incurred by the Department of Defense resulting from a price-fixing conspiracy among German moving companies.

  • In re Vitamins Antitrust Litigation. Provided extensive consulting services and expert testimony on behalf of a group of direct action plaintiffs and class plaintiffs in one of the largest price-fixing cases in US history. Supported all phases of the case and submitted expert reports on liability (Robert Marshall) and damages (Douglas Bernheim). Dr. Bernheim testified at trial concerning damages for vitamin B4 (choline chloride).

  • In re Puerto Rican Cabotage Antitrust Litigation. Provided extensive consulting services for a coalition of direct action plaintiffs. The case involved ocean transportation of goods between the United States and Puerto Rico, and resulted from one of the largest domestic price-fixing conspiracies ever investigated by the United States. Retained in the initial stages to analyze transportation contracts and purchase data to assess damages. As the litigation developed, performed economic analyses to assess liability and damages, critiqued opposing expert analyses, and supported settlement discussions, including participation in multiple settlement mediations.

  • Omnicare v. United Health. Provided expert testimony for United Health to assess damages in a lawsuit alleging that pre-merger coordination led to the joint exercise of monopsony power. Performed econometric analysis to simulate but-for pricing and estimate total damages for a range of but-for scenarios. For more information, read the case study.

Insight