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Antitrust Practice | Selected Experience

In re Vitamins Antitrust Litigation

Bates White served as the lead economic experts on the largest price-fixing case in U.S. history. Our analyses resulted in settlement recoveries known to be among the largest in U.S. antitrust history.

Working on behalf of class plaintiffs and a group of 140 direct-action plaintiffs in the vitamins antitrust litigation, Dr. B. Douglas Bernheim, Bates White Partner and Professor of Economics at Stanford University, analyzed whether vitamin prices were elevated substantially as a direct consequence of defendants’ conspiracy. This conspiracy affected sales of vitamins including A, C, E, beta-carotene, and the B-complex vitamins, which are used in nutritional supplements and to enrich human food and animal feed. Vitamin premixes, used in animal feed, breakfast cereals, and numerous other processed foods, were also affected.

Additionally, Dr. Robert C. Marshall, Bates White Partner and Professor of Economics at The Pennsylvania State University, examined whether economic evidence demonstrated that the defendants began colluding much earlier than the time period for which they had pled guilty. This analysis extended the damage period established by the plea agreements and resulted in significant additional recoveries. The firm also supported Dr. Jeffrey M. Perloff of University of California, Berkeley, in his estimation of overcharges and damages for a leading cereal manufacturer’s domestic, foreign, and indirect vitamin purchases.

Experience
Cartels
In re Ethylene Propylene Diene Monomer (EPDM) Antitrust Litigation
In re Linerboard Antitrust Litigation
In re Methionine Antitrust Litigation
In re Polychloroprene (PCP) Antitrust Litigation
In re Polyester Staple Fiber Antitrust Litigation
In re Rubber Chemicals Antitrust Litigation
In re Vitamins Antitrust Litigation
Mergers and Acquisitions
Consumer and business financial services
Death care
Retail products
Telecommunications
Monopolization
Aircraft
Automotive
Computer technology
Medical devices