Antitrust Cases

Gustafson Gluek PLLC is devoted to the prosecution of antitrust violations and the promotion of free competition. We have litigated some of the largest antitrust cases in courts across the United States.

Federal and state antitrust laws are designed to protect and promote competition among businesses by prohibiting price fixing and other forms of anticompetitive conduct. Violations can range from straight forward agreements among competitors to set prices in an effort to eliminate competition to engaging in an effort to eliminate competition to complicated schemes that affect relationships between different levels of a market.

Ongoing prosecution of these illegal schemes is important to protect businesses and consumers from being paying more than they should for products.

The following are select cases Gustafson Gluek is currently investigating, litigating or has recently litigated on behalf of plaintiffs raising antitrust concerns.

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  • Gustafson Gluek has been appointed to the Leadership Committee representing a class of publishers who sold digital advertising space via Google. Plaintiffs allege that Google’s anticompetitive monopolistic practices led to digital publishers being paid less for their advertising space than they otherwise would have been paid in a competitive market.

  • $1.2 billion in antitrust settlements

    Gustafson Gluek was an integral part of the team representing a class of indirect purchases of various automotive components. Plaintiffs alleged that the defendants engaged in a sprawling price fixing conspiracy to artificially increase the price of several different automobile components. Gustafson Gluek helped recover over $1.2 billion for the class.

  • $2.67 billion settlement fund pending approval

    Gustafson Gluek has been appointed as members of the Damages and Litigation Committees representing a class of subscribers of Blue Cross Blue Shield Alabama. Plaintiffs allege antitrust violations by the defendant. The parties have reached a settlement. If approved by the Court, the Settlement will establish a $2.67 billion Settlement Fund. Settling Defendants will also agree to make changes in the way they do business that Plaintiffs believe will increase the opportunities for competition in the market for health insurance.

  • Over $100 million in settlements and case proceeding against remaining defendants

    Gustafson Gluek has been appointed as one of the Co-Lead Counsel representing a class of commercial indirect purchasers of chicken. Plaintiffs allege that chicken suppliers colluded to artificially restrict the supply and raise the priceof chicken in the United States. Plaintiffs have settled with 7 defendants for over $100 million. For more information, please visit this website.

  • $225 million in antitrust settlements

    Gustafson Gluek represented a class of direct purchasers of CRT screens used for computer monitors and televisions. Plaintiffs alleged that defendants conspired to fix the price of these products in violation of the antitrust laws. Gustafson Gluek had a significant discovery role in the prosecution of this antitrust class action, which resulted in settlements totaling $225 million for the class.

  • $376 million in antitrust settlements

    Gustafson Gluek represented a class of direct purchasers of containerboard products and was a defendant team leader. Plaintiffs alleged that defendant containerboard manufacturers conspired to fix the price of containerboard As team leader, Gustafson Gluek handled all aspects of discovery, including the depositions of several senior executives. Gustafson Gluek helped to secure over $376 million for the class.

  • $29.5 million settlement and case proceeding against remaining defendant

    Gustafson Gluek has been appointed as a member of the Steering Committee representing a class of car dealerships. Plaintiffs allege that defendants unlawfully entered into an agreement that reduced competition and increased prices in the market for Dealer Management Systems (“DMS”) and data integration services related to DMS. Plaintiffs reached a $29.5 million settlement with one defendant and the case continues against the the remaining defendant.

  • Gustafson Gluek represents a class of individuals who purchased contact lenses made by Alcon, CooperVision, Bausch + Lomb, and Johnson & Johnson. Plaintiffs allege that these manufacturers unlawfully conspired to impose minimum resale price agreements on retailers, which restricts retailers’ ability to lower prices to consumers. The class has been certified and a trial is schedule for Spring 2022.

  • $190 million in settlements

    Gustafson Gluek represented a class of direct purchasers of drywall in this antitrust case. Plaintiffs alleged that the defendant manufacturers conspired to artificially increase the price of drywall. Gustafson Gluek played an active role in the litigation. A class was certified, and Gustafson Gluek helped recover over $190 million for the class.

  • $350 million in settlements

    Gustafson Gluek was appointed Co-Lead Counsel for the indirect purchasers in this nationwide class action against both national and international memory-chip manufacturers. Plaintiffs alleged that the defendants engaged in a conspiracy surrounding the pricing of the memory chips commonly known as Dynamic Random Access Memory (or DRAM). DRAM is used in thousands of devices on a daily basis. Gustafson Gluek was integral in achieving a settlement of over $310 million for the class.

  • Gustafson Gluek represents a class of indirect purchaser end user plaintiffs who purchased products containing Hard Disk Drive (HDD) suspension assemblies. Plaintiffs allege that the defendant HDD suspension assemblies manufacturers unlawfully conspired to fix the prices of the HDD suspension assemblies and manufactured and sold the component worldwide and into the United States at an inflated price.

  • $19.5 million in settlements

    Gustafson Gluek has served as as Interim Co-Lead Counsel with two other firms representing a class of indirect purchasers of interior molded doors. Plaintiffs alleges that two of the country’s largest interior molded door manufacturers conspired to inflate prices in the market. Defendants settled with the class for $19.5 million.

  • $139 million dollars in settlements

    Gustafson Gluek represented a class of direct purchasers of lithium ion batteries in a multidistrict class action. Plaintiffs alleged collusive activity by the world’s largest manufacturers of lithium ion batteries, which are used in everything from cellular phones to cameras, laptops and tablet computers. Gustafson Gluek had a significant discovery role in the prosecution of this antitrust class and helped recover over $139 million for the class.

  • $6.2 billion dollars in settlements

    Gustafson Gluek represented a class of merchants who accepted defendants’ credit cards and was a member of the executive committee appointed by Co-Lead Counsel. Plaintiffs alleged that Visa, MasterCard and a number of their member banks conspired fix the price of interchange fees charged to the merchants who accepted those cards. Defendants have agreed to pay the class over $6.2 billion in settlements.

  • $20 million settlement and case proceeding against remaining defendants

    Gustafson Gluek has been appointed as Interim Co-Lead counsel representing a class of consumers who purchased pork products. Plaintiffs allege pork producers, who control over 80% of the wholesale pork market in the U.S. conspired to fix prices by, among other things, agreeing to restrict production to artificially increase prices. Having survived motions to dismiss, discovery is now in progress. The class has settled for $20 million with one of the defendants. For more information, please go to the following website: https://www.overchargedforpork.com.

  • $33.4 million in settlements

    Gustafson Gluek worked closely with Lead Counsel representing indirect purchasers of linear resistors. The Plaintiffs alleged that the defendant manufacturers conspired to increase the price of linear resistors, thereby causing indirect purchasers to pay more. After engaging in extensive discovery, Plaintiffs recovered a total of $33.4 million in settlements for the indirect purchaser class.

  • $450 million in antitrust settlements

    Gustafson Gluek served as Co-Lead Counsel representing a class of direct purchasers of freight forwarding services in this international case against 68 defendants. Plaintiffs alleged that defendants engaged in an international conspiracy to fix, inflate, and maintain various charges and surcharges for freight forwarding services in violation of U.S. antitrust laws. Gustafson Gluek secured over $450 million for the class.

  • $30 million in antitrust settlements

    Gustafson Gluek was appointed interim Co-Lead Counsel representing a class of purchasers of hospital healthcare services. Plaintiffs alleged that defendant Blue Cross Blue Shield of Michigan used its market position to negotiate contracts with hospitals that impeded competition and increased prices for patients. Gustafson Gluek worked to secure $30 million on behalf of the class.

  • $84.9 million in settlements

    Gustafson Gluek represented a class of indirect purchasers of electrolytic or film capacitors. Plaintiffs alleged that at least fifteen multinational corporations conspired to fix the prices of capacitors that they manufactured and sold worldwide and into the United States. Gustafson Gluek attorneys worked closely with Lead Counsel throughout the litigation, which eventually recovered $84.49 million for the class.

  • $52.5 million settlement and case proceeding against remaining defendants

    Gustafson Gluek represents a class of direct purchasers of boxed beef in this antitrust litigation alleging price fixing by the Defendants. Gustafson Gluek is one of four Co-Lead counsel firms on this case. Motions to dismiss were denied and discovery is ongoing. Counsel has reached an initial ice breaker settlement for $52.5 million.

  • Gustafson Gluek is Co-Lead counsel representing a class of farmers alleging that manufacturers, wholesalers and retailers conspired to artificially increase and fix the price of crop inputs (e.g. seeds, fertilizers, pesticides) used by farmers.

  • Gustafson Gluek represents a class of indirect purchasers alleging that Defendants committed antitrust violations resulting in harm to the consumers. Plaintiffs’ claims have largely survived multiple rounds of motions to dismiss. At the end of July 2019, the court granted plaintiffs’ motion for class certification.

  • Gustafson Gluek represents a proposed class of farmers who purchased repair services from John Deere. Plaintiff alleges Deere monopolized the market for repair and diagnostic services for its agricultural equipment in order to inflate the price of these services.

  • Gustafson Gluek represents a proposed class of indirect purchasers of farm-raised Atlantic Salmon. Plaintiffs allege that several major Salmon producers coordinated to artificially raise the price of Atlantic salmon.

  • $10 million settlement and case proceeding against remaining defendants

    Gustafson Gluek is part of a Lead Counsel Committee representing a class of pharmacies alleging that defendants Surescripts, RelayHealth, and Allscripts Healthcare Solutions conspired to monopolize and restrain trade in the e-prescription services market. There is a $10 million settlement with defendant RelayHealth and the case is proceeding against the remaining defendants.

  • Gustafson Gluek is part of a team of law firms alleging anti-competitive conduct by more than twenty generic drug manufacturers with respect to more than 100 generic drugs, including drugs used to treat common and serious health conditions such as diabetes and high blood pressure. Cases have been brought on behalf of several distinct groups of plaintiffs, including Direct Purchaser Plaintiffs (our group), indirect purchaser plaintiffs, multiple individual plaintiffs, and the State AGs. The United States Department of Justice is conducting a criminal investigation and multiple high-ranking generic pharmeutical company executives have already pled guilty. There are currently more than a dozen separate cases related to various drugs, which have been organized into three groups for the purposes of case management. The Court has denied the motion to dismiss and discovery is ongoing.