Andrew C. Curley

Biography

Andrew C. Curley is a Shareholder in the Antitrust practice group. He concentrates his practice in the area of complex antitrust litigation.

Mr. Curley is and has been involved in a number of antitrust cases representing direct purchasers of prescription drugs. These cases have alleged that pharmaceutical manufacturers have wrongfully kept less expensive generic drugs off the market, in violation of the antitrust laws. Those cases include: In re Solodyn Antitrust Litig., 14 MD 2503 (D. Mass.) ($76 million settlements; served as co-lead counsel); and In re Aggrenox Antitrust Litig., No. 3:14-md-02516 (D. Conn.) ($146 million settlement); In re Skelaxin (Metaxalone) Antitrust Litig., No. 12-MD-2343 (E.D. Tenn.) ($73 million settlement); In re Wellbutrin XL Antitrust Litig., No. 08-2431 (E.D. Pa.) ($37.5 million settlement with one of two defendants); In re Opana ER Antitrust Litig., No. 14-cv-10150 (N.D. Ill.) ($145 million settlement with one defendant; served as co-lead counsel), In re Novartis and Par Antitrust Litigation, 1:18-cv-04361-AKH (S.D.N.Y) ($126.85 million settlement), In re Seroquel XR (Extended Release Quetiapine Fumarate) Antitrust Litigation, 20-1076-CDC (D. Del.), In re Lamictal Antitrust Litigation, Case No. 2:12-cv-00995 (D.N.J.), and In re Niaspan Antitrust Litig., No. 12-MD-2460 (E.D. Pa.).  Mr. Curley also has litigated other antitrust and RICO class actions, including In re EpiPen Direct Purchaser Litigation, No. 20-cv-827-ECT-JFD (D. Minn.).

Mr. Curley also served as Co-Lead Class Counsel on behalf of a class of independent truck stops and other retail merchants in Marchbanks Truck Service, Inc. v. Comdata Network, Inc., Case No. 07-1078 (E.D. Pa.). The Marchbanks litigation settled in January 2014 for $130 million and significant prospective relief in the form of, among other things, meaningful and enforceable commitments by the largest over-the-road trucker fleet card issuer in the United States to modify or not to enforce those portions of its merchant services agreements that plaintiffs challenged as anticompetitive, and that an expert economist has determined to be worth an additional $260 million to $491 million (bringing the total value of the settlement to between $390 and $621 million).  

Mr. Curley also has litigated other antitrust and RICO class actions, including In re EpiPen Direct Purchaser Litigation, No. 20-cv-827-ECT-JFD (D. Minn.).

Prior to joining Berger Montague, Mr. Curley practiced in the litigation department of a large Philadelphia law firm where he represented clients in a variety of industries in complex commercial litigation in both state and federal court.