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Antitrust Litigation

Antitrust Litigation

Shearman & Sterling’s antitrust litigators navigate clients successfully through any antitrust issue at any stage of litigation. We have litigated in US federal and state courts and in Europe in the General Court, the European Court of Justice and the member states’ national courts.

Whatever the context, Shearman & Sterling’s lawyers combine technical experience and advocacy skills with strategic and commercial advice to ensure the best outcome for our clients.

Recognized and retained by some of the largest corporations in the world, our US antitrust litigators have helped clients avoid a full trial by successfully opposing class certification, moving for summary judgment, securing dismissal under the Foreign Trade Antitrust Improvements Act, and moving to dismiss for lack of jurisdiction and for insufficient pleading.

Nonetheless, when a case does proceed to trial, our seasoned trial lawyers have extensive experience litigating a wide variety of civil antitrust issues, including allegations of price-fixing conspiracies, exclusive dealing, tying and bundling, monopolization, price discrimination and market allocation.

In Europe, the team has extensive experience in appealing decisions of the European Commission and various national competition authorities and regulatory bodies. The practice covers all aspects of antitrust litigation, from advice on minimizing risks of
exposure to pursuing or defending claims before the national courts.

Featured Matters

  • Areva in relation to National Grid’s claim for damages, the largest such claim made in the UK to date, following a European Commission decision in the gas insulated switchgear cartel.
  • Barclays Bank in one of the largest antitrust class action lawsuits in the US relating to credit card interchange fees involving a putative class of about seven million merchants. The parties have signed a settlement agreement valued roughly at US$7 billion.
  • The Bavarian Lager Co. before the General Court in the appeal against the European Commission's decision to refuse access to documents and as respondent in the appeal brought by the European Commission against the judgment of the General Court annulling the Commission's decision.
  • Cargolux in the air cargo fuel surcharge investigations by the European Commission and the US Department of Justice and in related federal class action in the US, as well as follow-on civil actions in several EU member states.
  • Dun & Bradstreet in a class action case alleging on behalf of a putative class that Dun & Bradstreet has monopolized an alleged relevant market for credit reporting products aimed at small businesses.
  • EQT/Munksjö before the European Court of Justice regarding the inspection of files at the German Federal Cartel Office and in private enforcement actions in Germany. This case is also referred to as the ground-breaking ‘Pfleiderer case.’
  • JTEKT Corp. in the US Department of Justice investigation into an alleged international price-fixing cartel involving automotive bearings products and in related follow-on class action litigation.
  • Legal Service of the European Commission in the recent hearing before the General Court of four appeals against the European Commission’s decision to reject Article 102 complaints against De Beers’ Supplier of Choice selective distribution system for rough diamonds.
  • Major international financial institutions in the context of the EU and US ongoing interbank benchmark interest rates investigations and litigations into the alleged manipulation of Libor, Euribor and Tibor rates governing trillions of dollars of transactions throughout the world.
  • Merrill Lynch & Co., Inc. and Merrill Lynch Global Private Equity, Inc. for which the firm obtained the dismissal from class action litigation asserting bid rigging and market allocation among leading private equity firms in leveraged buyouts.
  • Motion Picture Association in respect of a novel application to be joined to domestic proceedings in the High Court for the sole purpose of making representations to the Court of Justice in the context of an Article 267 Reference for a Preliminary Ruling concerning the interface between antitrust law and intellectual property rights and the free movement provisions of the Treaty on the Functioning of the European Union.
  • OPEC in two class action antitrust cases brought by classes of purchasers of refined petroleum products alleging price fixing.
  • Schindler for which the firm obtained the dismissal from a series of antitrust class actions alleging price fixing in the markets for elevator manufacture and repair. The district court’s dismissal of the case was affirmed by the US Court of Appeals for the Second Circuit in a landmark decision.
  • Thomson Reuters’s BAR/BRI in consumer class actions alleging that BAR/BRI conspired with Kaplan, the nation’s leading LSAT preparation course provider, to stay out of each other’s markets, and engaged in exclusionary conduct.
  • Trelleborg AB in the appeal to the General Court following the European Commission decision in the marine hose cartels investigation.
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