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Antitrust Litigation

Antitrust litigation is the oldest specialty of the Berger firm. The firm's founder, David Berger, played a key role in ushering in a new era of civil antitrust litigation in the 1960s and 70s. Since that time, the firm has been involved or played a leading role in most of the major antitrust price-fixing class actions prosecuted during the past thirty years, including, just to name a few, Bogosian v. Gulf Oil Corp., In re Corrugated Container Antitrust Litigation, and In re Infant Formula Antitrust Litigation. The firm is currently taking a leading role in prosecuting complex cases involving anticompetitive practices in the prescription drug industry, including several cases in which pharmaceutical manufacturers conspired to keep less expensive generic drugs from coming to market.

 

For two years running, Berger & Montague has been recognized by Chambers, a leading publisher of legal reference guides, as among the top antitrust firms.  In its 2003/4 and 2004/5 editions of Chambers USA's American Leading Business LawyersH. Laddie Montague, Jr. was singled out as one of Philadelphia's top antitrust attorneys. This "client's guide" noted that Mr. Montague is held in the "highest regard" by his peers in the bar. Eric L. Cramer was also recognized in Chambers' most recent edition as an up-and-coming attorney with "expert knowledge of the economic side of the law."  Chambers USA specifically "endorsed [the Berger firm] for its work in complex securities, antitrust and mass torts."


Federal antitrust laws, including the Sherman Act and the Clayton Act, are designed to protect competition, consumer welfare, and the economy as a whole from unfair and anticompetitive trade practices and from abuses of monopoly power by large corporations. Many industries have undergone significant increases in the concentration of economic power over the last thirty years. As a result, some market participants in various industries have resorted to unfair and restrictive trade practices, such as price-fixing, market allocation, or bid-rigging schemes, which injure consumers and competition generally. Other economically powerful companies have opted to exclude competitors from, and thereby monopolize, markets for particular goods or services. The Berger firm represents consumers, competitors, governmental entities, and suppliers injured in these situations.

Berger & Montague's clients have included businesses, state and local governmental entities, and consumers who have suffered at the hands of illegal monopolies and corporate cartels. The firm also represents businesses that have been injured by their competitors' anticompetitive practices. In addition to representing plaintiffs, the firm represents entities accused of anticompetitive practices and offers antitrust guidance to clients who do not anticipate, or who seek to avoid, becoming involved in litigation.


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