Zachary D. Caplan


Zachary D. Caplan is an associate in the Antitrust and Commodities practice groups at Berger Montague.

Mr. Caplan has worked on a variety of matters resulting in substantial settlements. E.g., Marckbanks Truck Service, Inc. v. Comdata Network, Inc., No. 07-cv-1078 (E.D. Pa.) ($130 million settlement plus significant prospective relief); In re Titanium Dioxide Antitrust Litigation, No. 10-cv-318 (D. Md.) (settlements totaling $163.5 million); In re High Tech Employee Antitrust Litigation, No. 11-cv-2509 (N.D. Cal.) (settlements totaling $435 million); Adriana Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc., No. 11-cv-7178 (D.N.J.) ($61.5 million settlement); In re Celebrex Antitrust Litigation, No. 14-cv-361 (E.D. Va.) ($94 million settlement).

Mr. Caplan is currently involved in a number of antitrust and commodities class actions alleging manipulation of key financial benchmarks. E.g., In re Commodity Exchange, Inc., Gold Futures and Options Trading Litigation, No. 14-md-2548 (S.D.N.Y.); In re Libor-Based Financial Instruments Antitrust Litigation, No. 11-md-2262 (S.D.N.Y.); In re Platinum and Palladium Antitrust Litigation, No. 14-cv-9391 (S.D.N.Y.); In re North Sea Brent Crude Oil Futures Litigation, No. 13-cv-8240 (S.D.N.Y.). He also works on a number of antitrust class actions on behalf of direct purchasers of prescription drugs in which the purchasers allege that pharmaceutical manufacturers have wrongfully kept less expensive generic drugs out of the market. E.g., In re Loestrin 24 Fe Antitrust Litigation, No. 1:13-md-2472 (D.R.I.); In re Opana ER Antitrust Litigation, No. 14-cv-10151 (N.D. Ill.). Additionally, he represents direct purchasers in In re Generic Pharmaceuticals Pricing Antitrust Litigation, No. 16-md-2724 (E.D. Pa.).

Mr. Caplan is a member of the committee that selects the annual winner of the American Antitrust Institute’s Jerry S. Cohen Memorial Writing Award for the best antitrust scholarship. Mr. Caplan is a regular contributor to American Bar Association health care and antitrust publications and has several other published articles including on,, and Law360.

While in law school, Mr. Caplan was a senior editor of the University of Pennsylvania Journal of Business Law, represented clients in various civil matters as part of the Civil Practice Clinic, and interned with the United States Department of Justice Antitrust Division



Law School

University of Pennsylvania Law School, J.D.


New York University - Stern School of Business, B.S.

Honors & Awards:

  • Distinguished by The Legal Intelligencer as a “Lawyer on the Fast Track,” 2017

  • Distinguished as a Super Lawyer “Rising Star,” 2016-2018.


Co-author, Protection?  Fairness?  Hardly., The Health Care Blog (Apr. 14, 2017)

Co-author, Legal Analysis of Post-Formation Conduct, ABA Joint Venture Handbook (2013, 2017)

Contributor, ABA Health Care and Pharmaceuticals Committee Recent Developments (February 2014, June 2014, August 2014, December 2014, April 2015, August 2015, February 2016)

Author, American Needle In A Haystack: The Cloned Horses Case, Law360 (Jan. 21, 2015)

Author, How An Antitrust Case Changed The Gay Marriage Debate, Law360 (May 21, 2014)

Co-author, Plaintiff Overview of Private Antitrust Litigation, Getting the Deal Through (2014)

Co-author, FTC v. Actavis paves the way for the development of cheaper drugs, Harvard Law Petrie-Flom Center (June 17, 2013)

Co-author, How Big Pharma rips you off on drugs, CNN Opinion (Apr. 25, 2013)

Co-author, For cigarette makers, limits to free speech,, (Sept. 7, 2011)


Member – Pennsylvania Bar

Member – Illinois Bar

Admitted – Eastern District of Pennsylvania

Admitted – Seventh Circuit Court of Appeals


Judicial Intern to the Honorable Michael M. Baylson, United States District Court for the Eastern District of Pennsylvania, Summer 2009

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