Antitrust

The Firm has played a principal role in numerous precedent setting antitrust cases, including the largest and most impactful antitrust class actions in history. As a result of our success—and the skill, reputation, commitment, and experience of our firm’s antitrust lawyers—Berger Montague is routinely appointed by federal courts to serve in leadership roles in complex antitrust class action cases.

Berger Montague attorneys are legal innovators. This is an integral part of who we are as a firm. It began with our founder David Berger helping to draft the federal rule of procedure that created the modern class action. And it continues to this day, with the firm representing workers, consumers, and businesses in bringing and winning cutting-edge antitrust cases across diverse industries. Berger Montague has obtained several recent noteworthy successful settlements, including the largest-ever class action settlement of an antitrust case in United States history, which was a $5.6 billion antitrust settlement for a national class of millions of merchants challenging, among other things, the collective fixing of interchange fees and adoption of rules that hindered any competitive pressure by merchants to reduce those fees. Our firm also recently obtained a $375 million settlement in a case brought by Mixed Martial Arts fighters alleging that UFC engaged in an anticompetitive scheme to impair rivals and suppress compensation for UFC fighters. Berger Montague has recovered billions of dollars in settlements in cases challenging conduct by pharmaceutical manufacturers that unlawfully delayed or reduced generic competition, including a $750 million settlement in the Namenda case, and hundreds of millions of dollars in settlements so far in a pending case challenging alleged price-fixing and market allocation litigation by many of the generic drug manufacturers operating in the United States. Our firm has also obtained hundreds of millions in settlements in an action alleging collusion to suppress financial aid awards by several elite private universities. Berger Montague has also obtained hundreds of millions of dollars in settlements for workers and farmers in Poultry Processing Litigation and In re Broiler Chicken Grower Antitrust Litigation, and Red Meat Processing Plant Wage-Fixing Litigation, cases challenging anticompetitive conduct that resulted in the wages to workers in these industries to be unlawfully suppressed.

Berger Montague’s representative cases also include:

• Athletics cases, including Cung Le, et al. v. Zuffa, LLC, d/b/a Ultimate Fighting Championship and UFC – Antitrust Litigation and Fusion Elite All Stars v. Varsity Brands, LLC.
• Academia cases, including Henry, et al. v. Brown University, et al. – 568 Cartel Antitrust Litigation.
• Banking and financial institution cases, including Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, Currency Conversion Fee Litigation, and In Re: Libor-Based Financial Instruments Antitrust Litigation.
• Commodities markets cases, including In re: Commodity Exchange, Inc., Gold Futures and Options Trading Litigation and In re: Platinum and Palladium Antitrust Litigation.
• Food products cases, including Poultry Processing Plant Wage-Fixing Litigation, Red Meat Processing Plant Wage-Fixing Litigation, In Re: Broiler Chicken Grower Antitrust Litigation, and High Fructose Corn Syrup Litigation.
• Pharmaceutical cases, including In re Namenda Direct Purchaser Antitrust Litigation, In re Brand Name Prescription Drug Antirust Litigation, In re Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litigation, In re Generic Pharmaceuticals Pricing Antitrust Litigation, King Drug Co. of Florence Inc. v Cephalon Inc., In re Lipitor Antitrust Litigation, In re Effexor XR Antitrust Litigation, and In re Loestrin 24 Fe Antitrust Litigation.
• Technology Industry Cases, including In re High Tech Employee Antitrust Litigation and In re Google Digital Advertising Antitrust Litigation.

The country’s leading judges have noted our tremendous litigation skills and our outstanding preparation and representation of our clients and class members. The antitrust team has received numerous awards, having been recognized by Chambers USA for over 20 years. The firm has also received high praise  from The Legal 500, Martindale-Hubbell, America’s Best Lawyers, Lawdragon, The Legal Intelligencer, and The National Law Journal for its outstanding work in antitrust litigation.

Contact Us To Learn More

We invite you to learn more about our Antitrust Group. Berger Montague welcomes referrals from other law firms and attorneys. For more information or to schedule a confidential discussion about a potential case, please fill out the contact form on the right, email us at info@bm.net, or contact an Antitrust Group shareholder. We are available to evaluate potential antitrust cases without charge.