Lawyers in the Section continue to investigate and litigate antitrust cases. Antitrust law is the law of competition. It’s recognized that society is better off if buyers and sellers act independently, not in concert. Antitrust law focuses on the promotion of competition through restraints on monopoly and cartel behavior. Typical cases involve attempts to monopolize, price fixing, exclusive distributorships, refusals to deal, tying arrangements, and mergers and acquisitions. We believe that antitrust is a growing area, as corporations increasingly tend to “cross the line” as they seek to gain advantage in this tough economy.

We are currently involved in antitrust litigation involving an illegal tying arrangement whereby a major pharmaceutical company requires users of its patented method of administering a cardiac drug to also purchase the pharmaceutical company’s unpatented cardiac drug (as opposed to cheaper generic drugs offered by competitors). The result is that our client, a hospital, is forced to pay four times as much for the branded (but unpatented) drug as it could for identical generic drugs.

The case is filed as a class action on behalf of all healthcare providers affected by this conduct. We are also involved in price-fixing litigation where we represent a state’s Attorney General, on behalf of the state and its consumers, against manufacturers of LCD screens used in televisions, computer monitors, and cellular phones. The Federal Trade Commission and Department of Justice have already investigated and sanctioned a number of LCD manufacturers for blatant collusion in setting prices for LCD products. Other states are involved in separate litigation against these manufacturers, and we envision that all states Attorneys General will file similar claims to recoup excess prices paid by state agencies and consumers for LCD products.

Lawyers: Archie Grubb and Andrew Brashier

Primary Staff Contact: Mandy Cook