Andrew C. Curley is a shareholder in the Antitrust practice
group at Berger & Montague. He concentrates his practice in the
area of complex antitrust litigation.
Mr. Curley serves as Co-Lead Class Counsel on behalf of a class
of independent truck stops and other retail merchants in
Marchbanks Truck Service, Inc. v. Comdata Network, Inc.,
Case No. 07-1078 (E.D. Pa.). The Marchbanks
litigation settled in January 2014 for $130 million and significant
prospective relief-in the form of, among other things, meaningful
and enforceable commitments by the largest over-the-road trucker
fleet card issuer in the United States to modify or not to enforce
those portions of its merchant services agreements that plaintiffs
challenged as anticompetitive, and that an expert economist has
determined to be worth an additional $260 million to $491 million
(bringing the total value of the settlement to between $390 and
Mr. Curley is also involved in a number of antitrust cases
representing direct purchasers of prescription drugs. These
cases have alleged that pharmaceutical manufacturers have
wrongfully kept less expensive generic drugs off the market, in
violation of the antitrust laws. Those cases include In
re Wellbutrin XL Antitrust Litig., No. 08-2431 (E.D. Pa.)
($37.5 million settlement with one of two defendants); In re
Skelaxin (Metaxalone) Antitrust Litig., No. 12-MD-2343 (E.D.
Tenn.) ($73 million settlement); In re Solodyn Antitrust
Litig., 14 MD 2503 (D. Mass.); and In re Aggrenox
Antitrust Litig., No. 3:14-md-02516 (D. Conn.).
Prior to joining Berger & Montague, Mr. Curley practiced in
the litigation department of a large Philadelphia law firm where he
represented clients in a variety of industries in complex
commercial litigation in both state and federal court.