Antitrust Litigation

SCL is an antitrust shop at its core. We prosecute and defend all types of civil antitrust disputes, including those involving price fixing, monopolization, exclusive dealing, tying and group boycotts. Our depth of knowledge and practical insight is informed by decades of experience litigating complex cases on both sides of the “v.”

Key cases:

SCL attorneys were co-lead counsel in Discover’s damages suit against Visa and Mastercard for their exclusionary rules that restricted Discover’s ability to enter into business arrangements with Visa and Mastercard member banks. After defeating a summary judgment motion by defendants and being awarded collateral estoppel (related to a prior Department of Justice case), Discover received a $2.75 billion settlement.

SCL attorneys led a broad coalition of the largest merchants in the United States, including Walmart, Amazon, Costco, Starbucks, 7-Eleven, the Gap and Lowe’s, among others, that led the industry-wide objections to a $7.25 billion settlement, resulting in the vacatur of that agreement in the Second Circuit.

SCL attorneys led teams that tried two antitrust cases for unreasonable restraints of trade and group boycotts in these medical benefit manager cases, obtaining a $40 million jury verdict, where the jury awarded more damages than was requested. Our lawyers also represented clients in follow-on cases that resulted in substantial settlements.

In this case, concerning claims of anticompetitive price bundling and tying, SCL attorneys were part of the lead team that tried a preliminary injunction motion and obtained a $200 million settlement for a J&J subsidiary.

SCL attorneys served as lead defense counsel in a putative nationwide antitrust class action for fluid-handling equipment manufacturer Graco Inc. and Graco Minnesota Inc. The allegations included unlawful business acquisitions and boycott, exclusive-dealing and monopolization conspiracies involving the sale and distribution of spray foam insulation equipment. SCL attorneys obtained the dismissal of all claims with prejudice.

SCL attorneys led a broad coalition of the largest merchants in the United States, including Walmart, Amazon, Costco, Starbucks, 7-Eleven, the Gap and Lowe’s, among others, that led the industry-wide objections to a $7.25 billion settlement, resulting in the vacatur of that agreement in the Second Circuit.

SCL attorneys sued this pharmacy benefit manager for wrongly terminating their client from the PBM’s network. The case was successfully settled with the pharmacy’s readmission into the network.

SCL attorneys represented one of the world’s largest energy companies in a direct antitrust action against Union Pacific Railroad Company and BNSF Railway Company for allegedly conspiring to impose fuel surcharges on rail shipments. 

This case concerned the monopolization of a television broadcast market through exclusive contracts with virtually all major television broadcast networks. The case successfully resulted in our client securing one of the network contracts.

SCL attorneys led the successful defense of the groundbreaking Fair Food Program, which has resulted in fair working conditions for farmworkers in Florida and other states, against a group boycott claim brought by Del Monte.