Cases & Investigations
Berger & Montague was appointed co-lead class counsel to represent a class of physicians and other direct purchasers of vaccines from defendant Sanofi Pasteur Inc. (“Sanofi”). Plaintiffs charge that Sanofi has used a network of physician buying groups to implement a web of anticompetitive product bundling agreements.
The firm served as co-lead counsel in this antitrust price-fixing class action on behalf of a class of purchasers of brand name prescription drugs.
Berger & Montague represented a class of direct purchasers of brand and generic Celebrex (celecoxib) in an action alleging that Pfizer, in violation of the Sherman Act, improperly obtained a patent for Celebrex from the U.S. Patent and Trademark Office in a scheme to unlawfully extend patent protection and delay market entry of generic versions of Celebrex.
Berger & Montague has played a key role in In re CRT Antitrust Litigation, a case brought on behalf of a class of direct purchasers of cathode ray tubes (“CRTs”) or products containing CRTs, such as televisions and computer monitors, alleging that defendant manufacturers conspired to fix the prices of CRTs.
This action was brought on behalf of a class of United States holders of Visa, MasterCard, and Diners Club credit or charge cards who incurred fees on credit card transactions in a foreign currency or with a foreign merchant. The class action alleges that the defendants conspired to artificially set and inflate currency conversion fees United States cardholders incur each time they use their cards in foreign currency transactions or with a foreign merchant. The action also alleges that defendants violated their disclosure obligations under Truth In Lending Act to disguise these fixed conversion fees from cardholders.
Berger & Montague, as one of three Co-Lead Counsel, recovered settlements totaling $531 million on behalf of a class of direct purchasers of high fructose corn syrup (“HFCS”), the principal sweetener used in non-diet sodas as well as in many bakery and dairy products.
Berger & Montague served as Co-Lead Counsel on behalf of a class of direct purchasers of drywall, in a case alleging that the dominant manufacturers of drywall engaged in a conspiracy to fix drywall prices in the U.S. and to abolish the industry’s long-standing practice of limiting price increases for the duration of a construction project through “job quotes.”
Berger & Montague represented a certified class of employees suing technology and media giants including Apple Inc., Google Inc., Intel Corp., Adobe Systems Inc., Intuit Inc., Pixar Animation Studios Inc. and LucasFilm Ltd. over alleged agreements not to recruit each other’s employees.
Berger & Montague served as Co-Lead counsel for a class of direct purchasers of the brand-name drug K-Dur 20, a potassium chloride supplement used to treat patients with depleted potassium.
Berger & Montague served as co-lead counsel representing a class of direct purchasers of brand and generic Solodyn (extended-release minocycline hydrochloride tablets) alleging that Medicis Pharmaceutical Corp. entered into agreements with each of Impax Laboratories, Inc., Sandoz Inc. and Lupin Limited/Lupin Pharmaceuticals, Inc. not to compete in the market for extended-release minocycline hydrochloride tablets, i.e., Solodyn and its generic equivalents, in violation of the Sherman Act, resulting in the class paying overcharge damages.