Antitrust Law

Berg & Androphy lawyers have successfully represented clients in high-stakes antitrust litigation across many industries.  Our many years’ of experience in antitrust litigation – often as lead trial counsel – allows us to tailor a unique case strategy for each client, regardless of the nature of their business.  Our attorneys have handled parallel civil and criminal antitrust proceedings, handled criminal antitrust internal investigations and litigated criminal jury trials alleging unfair competition, bid-rigging and conspiracy.  In addition, both Mr. Berg and Mr. Quinn have been recognized by Best Lawyers for their work on antitrust litigation.

Significant representations include:

  • ExxonMobil in a multidistrict, federal class action, and several state class actions, alleging unlawful price-fixing in the market for ethylene propylene diene monomer. While other defendants in similar cases paid over $80 million in settlements, ExxonMobil paid nothing in damages or settlement.
  • Johnson & Johnson in an antitrust matter brought by a competitor who alleged illegal ‘bundling’ discounts. Following a weeks-long trial, the jury returned a verdict in Johnson & Johnson’s favor.
  • Lead counsel for National Football League players in the landmark challenge to the NFL’s player contract restrictions which ultimately lead to a multi-million dollar settlement for a number of players, as well as the institution of NFL free agency.
  • Likewise, our attorneys represented the National Basketball Association players unions in an antitrust action that lead to the establishment of free agency in the NBA.
  • Buffalo Broadcasting and hundreds of television stations in an antitrust challenge to the music industry’s use of “blanket” licensing of music rights. This litigation ultimately lead to the complete reconstruction of music licensing rights.
  • Lead counsel for CBS in an antitrust action regarding the use of the names and likenesses of student-athletes in college football and basketball broadcasts. CBS successfully obtained a dismissal of the claims, with prejudice.
  • Lead counsel for the North American Soccer League in its successful antitrust suit against the NFL, concerning the NFL’s internal regulation prohibiting NFL owners from simultaneously owning other professional sports teams.