SPOTLIGHT

Price-fixing and horizontal agreements

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Bates White has established an outstanding reputation as a leading firm for evaluating allegations of unlawful agreements among competitors. We have been retained in almost every significant international price-fixing matter over the past decade, and we have played a key role in nearly 100 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, litigation support, and settlement support to defendant and plaintiff clients.

  • In re EPDM Antitrust Litigation and In re PCP Antitrust Litigation—Provided extensive consulting services for a defendant. Supported litigation and settlement efforts, as well as dealings with government agencies in the United States and Europe.
  • In re Dynamic Random Access Memory (DRAM) Antitrust Litigation—Provided consulting services and expert testimony on behalf of several clients on issues of antitrust liability and damages. Submitted expert reports and provided deposition testimony addressing antitrust impact and damages.
  • In re Rubber Chemicals Antitrust Litigation—Provided expert services including arbitration testimony to two coalitions of direct-action plaintiffs representing approximately half the market. The arbitration panel unanimously adopted our expert’s damages approach without qualification or change, and used it as the basis of its damages calculation and award.
  • Price-fixing in the international freight forwarding industry—Bates White (in conjunction with E.CA Economics) provided economic analysis and data support for a defendant involved in agency investigations in the United States and Europe as well as civil litigation.
  • Omnicare v. United Health—Provided expert testimony for United Health to assess damages in a lawsuit alleging that premerger coordination led to the joint exercise of monopsony power. Performed rigorous econometric analysis to simulate but-for pricing and estimate total damages for a range of but-for scenarios. Analysis revealed premerger coordination likely would not have a significant impact.
  • In re Polyester Staple Fiber Antitrust Litigation—Provided extensive consulting services for a defendant. Supported litigation, including discovery support, and developed damage estimates and supported settlement discussions and mediation with class plaintiffs and several large purchasers.
  • In re Linerboard Antitrust Litigation—Provided liability and damages expert testimony, settlement and mediation support, discovery support, and critique of opposing expert analyses to a large coalition of direct-action plaintiffs including H. J. Heinz Company, PepsiCo Inc., and The Procter & Gamble Company.
  • In re Vitamins Antitrust Litigation—Provided extensive consulting services and expert testimony on behalf of a large group of direct action plaintiffs and a plaintiff class in one of the largest price-fixing cases in US history. Supported all phases of the case including expert testimony at trial. Submitted expert reports on liability and damages, and testified at trial concerning damages. Clients included Continental Grain Company, General Nutrition Companies, Inc., and Kraft Foods Inc.

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