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Biography
Zach Caplan focuses on high-stakes litigation, with a particular emphasis on antitrust class actions for consumers, workers, businesses, and public entities. He has played a central role in landmark cases recovering hundreds of millions of dollars, involving price-fixing, reverse payments, patent fraud, and monopolization. His practice spans industries including commodities, healthcare, financial products, and pharmaceuticals, and often involves novel antitrust theories and sophisticated market analyses.
Zach currently serves as interim Co‑Lead Class Counsel In re: Multiplan Health Insurance Provider Litigation, MDL No. 3121 (N.D. Ill.), a price-fixing multidistrict litigation (MDL) brought on behalf of healthcare providers against major insurers, which recently survived motions to dismiss. Other notable matters include price-fixing MDL cases such as the Generic Pharmaceuticals Pricing Antitrust Litigation (E.D. Pa.), benchmark manipulation MDLs under the Sherman Act and Commodities Exchange Act (CEA), including LIBOR (S.D.N.Y.) and Gold Futures & Options Trading (S.D.N.Y.); and Castro v. Sanofi Pasteur Inc. (D.N.J.), which involved an innovative antitrust theory challenging Sanofi’s exclusionary bundling practices in the pediatric vaccine market. Judge Madeline Cox Arleo praised Zach and his team, stating:
“Your clients should be very proud to have such fine lawyering. I don’t see lawyering like this every day in the federal courts, and I am very grateful.”
At Berger Montague, Zach has represented clients in every stage of litigation, including investigations, discovery, expert analysis, motion practice, trial, and settlement. Before rejoining the firm in 2023, he served as an attorney with the Antitrust Division of the U.S. Department of Justice, where he led investigations into anticompetitive conduct in healthcare and consumer products and supported major monopolization litigation.
Zach is active in the American Antitrust Institute (AAI) and the Committee to Support the Antitrust Laws (COSAL), where he serves on the planning committee for COSAL’s Leadership and Diversity Summit. He frequently writes and speaks on antitrust issues and was recognized in 2025 by Lawdragon’s Inaugural Global Antitrust & Competition Lawyers Guide.
Prominent Judgments and Settlements
- In re Gold Futures & Options Trading Litigation, No. 14-2548 (S.D.N.Y.) ($152 million in settlements in a case alleging manipulation of a global financial benchmark)
- In re Generic Pharmaceuticals Pricing Antitrust Litigation, No. 16-2724 (E.D. Pa.) ($330 million in settlements to date in a price-fixing cartel case)
- Adriana Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc., No. 11-cv-7178 (D.N.J.) ($61.5 million settlement in a Section 2 monopolization case involving children’s vaccines)
- In re Celebrex Antitrust Litigation, No. 14-cv-361 (E.D. Va.) ($94 million settlement in patent fraud case)
- In re Libor-Based Financial Instruments Antitrust Litigation, No. 11-md-2262 (S.D.N.Y.).(settlements totaling nearly $200 million for exchange-based plaintiffs in case alleging manipulation of global financial benchmark)
- In re High Tech Employee Antitrust Litigation, No. 11-cv-2509 (N.D. Cal.) (settlements totaling $435 million in no-poach case)
- In re Loestrin 24 Fe Antitrust Litigation, No. 13-md-2472 (D.R.I.) ($120 million settlement in reverse payment, product hop, and patent fraud case)
Judicial Praise
From Judge Madeline Cox Arleo, of the U.S. District Court for the District of New Jersey:
I just want to thank you for an outstanding presentation. I don’t say that lightly . . . it’s not lost on me at all when lawyers come very, very prepared. And really, your clients should be very proud to have such fine lawyering. I don’t see lawyering like this every day in the federal courts, and I am very grateful. And I appreciate the time and the effort you put in, not only to the merits, but the respect you’ve shown for each other, the respect you’ve shown for the Court, the staff, and the time constraints. And as I tell my law clerks all the time, good lawyers don’t fight, good lawyers advocate. And I really appreciate that more than I can express.
Transcript of the September 9 to 11, 2015 Daubert Hearing in Ariana Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc., No. 11-cv-07178 (D.N.J.) at 658:14-659:4.
Professional Leadership
- Member of Executive Committee, Committee to Support the Antitrust Laws (COSAL)
- Member of the American Antitrust Institute’s Jerry S. Cohen Award for Antitrust Scholarship
Selected Speaking Engagements
- Moderator, A Conversation with the DOJ’s Doha Mekki and the FTC’s Henry Liu, Committee to Support the Antitrust Laws Leadership & Diversity Summit (September 17, 2024)
- Panelist, The New World of Depositions: Love It, Hate It, Is It Here to Stay?, National Association of Attorneys General, Antitrust Litigation Seminar (October 26, 2021)
Publications and Writings
- The Sedona Conference Commentary on the Need for Guidance and Uniformity in Filing ESI and Records Under Seal 23 SEDONA CONF. J. 379 (2022)
- Legal Analysis of Post-Formation Conduct ABA Joint Venture Handbook (2020)
- Early Sampling Of Electronic Info Is Underutilized In Discovery Law360 (Sep 16, 2019)
- American Needle In A Haystack: The Cloned Horses Case Law360 (Jan. 21, 2015)
- How An Antitrust Case Changed The Gay Marriage Debate Law360 (May 21, 2014)
Honors & Awards
- Distinguished by Lawdragon’s Inaugural Global Antitrust & Competition Lawyers Guide
- Distinguished by The Legal Intelligencer as a “Lawyer on the Fast Track”
- Distinguished as a “Super Lawyer” and “Super Lawyer Rising Star”
- Distinguished as a Best Lawyers “One to Watch”
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Admissions
- Member – Pennsylvania Bar
- Admitted – U.S. District Court for the Eastern District of Pennsylvania
- Admitted – U.S. Courts of Appeals for the Second, Third, and Seventh Circuits