Berger & Montague served as co-lead counsel
in an antitrust case alleging that three manufacturers of infant
formula (Abbott Labs, Bristol-Myers Squibb and American Home
Products) conspired to raise prices.
The District Judge, Maurice M. Paul, certified a class of
direct purchasers for the period 1980-1992, denied defendants'
motion for partial summary judgment on the fraudulent concealment
claims and denied days before trial defendants' motions for summary
judgment. See In re Infant Formula antitrust Litig., 1992 US
Dist lexis 21981 (N.D. Fla. 1992).
The litigation was settled a few days before trial was to begin
bringing the total settlement proceeds to $125 million dollars-a
million dollars of which was ultimately provided cy pres by Judge
Paul to the victims of the Hurricane Katrina disaster. See
2005 US Dist Lexis 32957.