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Representative Settlements

Art Materials Antitrust Litigation

Status:Settled
Settlement Amount: $7.5 million
Practice Area(s): Antitrust
Berger & Montague acted as one of the Court appointed lead counsel on behalf of a certified class of purchasers of art materials, products used extensively by children and regulated by the government, including crayons oil paints and finger paints,...

Automotive Refinishing Paint Antitrust Litigation

Status:Settled
Settlement Amount: $105 million
Practice Area(s): Antitrust
Berger & Montague, P.C. was a member of the court-appointed Executive Committee of attorneys representing a class of direct purchasers of automotive refinishing paint in a case alleging that five manufacturers of automotive refinishing paint...

Bogosian v. Gulf Oil Corp.

Status:Settled
Settlement Amount: $35 million
Practice Area(s): Antitrust
With Berger & Montague as sole lead counsel, this landmark action on behalf of a national class of more than 100,000 gasoline dealers against 13 major oil companies. The case settled for over $35 million plus equitable relief on the eve of trial.

Brand Name Prescription Drugs Antitrust Litigation

Status:Settled
Settlement Amount: $717 million
Practice Area(s): Antitrust
The firm served as co-lead counsel in this antitrust price-fixing class action on behalf of a class of purchasers of brand name prescription drugs. Following certification of the class by the district court, settlements exceeded $717 million

Buspirone Antitrust Litigation

Status:Settled
Settlement Amount: $220 million
Practice Area(s): Antitrust
Berger & Montague was a member of the court-appointed Steering Committee of firms representing the class in this case alleging that Bristol-Myers Squibb ("BMS") monopolized the market for Buspirone ("Buspar"), an anti-anxiety medication.. The class...

Carbon Black Antitrust Litigation

Status:Settled
Settlement Amount: $20 million
Practice Area(s): Antitrust
Berger & Montague was one of four Co-Lead Counsel in an action alleging price-fixing conduct among the producers of Carbon Black, a product used principally in tires, plastics and ink. The action was filed in 2002 and was settled for $20 million...

Carbon Dioxide Antitrust Litigation

Status:Settled
Settlement Amount: $53 million
Practice Area(s): Antitrust
Berger & Montague was Co-Trial Counsel in this antitrust class action which settled with the last defendant days prior to trial for total settlements approximating $53 million, plus injunctive relief.

Cardizem CD Antitrust Litigation

Status:Settled
Settlement Amount: $110 million
Practice Area(s): Antitrust
On November 26, 2002, the U.S. District Court for the Eastern District of Michigan approved a final settlement of this case in which both defendants, Aventis Pharmaceuticals and Andrx Pharmaceuticals, agreed to pay the previously certified class of...

Catfish Antitrust Litigation

Status:Settled
Settlement Amount: $27 million
Practice Area(s): Antitrust
The firm was co-trial counsel in this action which settled with the last defendant a week before trial, for total settlements approximating $27 million.

Corrugated Container Antitrust Litigation

Status:Settled
Settlement Amount: $366 million
Practice Area(s): Antitrust
Berger & Montague played a significant role participating as Co-Lead and Co-Trial Counsel in this landmark class action on behalf of nationwide classes of purchasers of corrugated boxes and sheets from 37 manufacturer/defendants. The litigation...

Currency Conversion Fee Antitrust Litigation

Status:Settled
Settlement Amount: $336 million
Practice Area(s): Antitrust
This action was brought on behalf of a class of United States holders of Visa, MasterCard, and Diners Club credit or charge cards who incurred fees on credit card transactions in a foreign currency or with a foreign merchant. The class action alleges that the defendants conspired to artificially set and inflate currency conversion fees United States cardholders incur each time they use their cards in foreign currency transactions or with a foreign merchant. The action also alleges that defendants violated their disclosure obligations under Truth In Lending Act to disguise these fixed conversion fees from cardholders.

DDAVP Direct Purchaser Antitrust Litigation

Status:Settled
Settlement Amount: $20.25 million
Practice Area(s): Antitrust
Berger & Montague was Co-Lead Counsel for a class of direct purchasers of the tablet form of DDAVP, an anti-diuretic drug used to treat excessive urination. The defendants, Ferring B.V., Ferring Pharmaceuticals, Inc. and Aventis Pharmaceuticals,...

Endosurgical Products Antitrust Litigation

Status:Settled
Settlement Amount: $13 million
Practice Area(s): Antitrust
A proposed class of direct purchasers of endosurgical products - miniaturized surgical devices used to conduct surgery through small incisions on a patient's body - has alleged that Johnson & Johnson, Inc. forced purchasers of its sutures to pay price penalties on their purchases if they bought endosurgical products from any of J&J's rivals.

Fears v. Wilhelmina Model Agency, Inc.

Status:Settled
Settlement Amount: $21.8 million
Practice Area(s): Antitrust
Berger & Montague was Lead Trial Counsel in this antitrust class action prosecuted on behalf of a class of fashion models, after several major New York modeling agencies fixed their commissions. The case resulted in a precedent-setting decision...

Graphite Electrodes Antitrust Litigation

Status:Settled
Settlement Amount: $120 million
Practice Area(s): Antitrust
Graphite electrodes are ceramic-molded columns of graphite used primarily in the production of steel and electric-arc furnaces also known as mini-mills. The lawsuit alleged that a number of manufacturers of electrodes, plus one Japanese distributor and...

High Fructose Corn Syrup Litigation

Status:Settled
Settlement Amount: $531 million
Practice Area(s): Antitrust
Berger & Montague, as one of three Co-Lead Counsel, recovered settlements totaling $531 million on behalf of a class of direct purchasers of high fructose corn syrup (HFCS), the principal sweetener used in non-diet sodas as well as in many bakery...

In re Hypodermic Products Antitrust Litigation

Status:Settled
Settlement Amount: $45 million
Practice Area(s): Antitrust
Berger & Montague served on the Executive Committee for a class of direct purchasers of hypodermic products, including syringes and blood collection devices. Plaintiffs alleged that through product bundling and other means, Defendant Becton...

Infant Formula Antitrust Litigation

Status:Settled
Settlement Amount: $125 million
Practice Area(s): Antitrust
Berger & Montague served as co-lead counsel in an antitrust case alleging that three manufacturers of infant formula (Abbott Labs, Bristol-Myers Squibb and American Home Products) conspired to raise prices. The District Judge, Maurice M. Paul,...

Johnson v. Arizona Hospital and Healthcare Association

Status:Settled
Settlement Amount: $22.4 million
Practice Area(s): Antitrust
Berger & Montague was co-lead counsel for a class of temporary nursing personnel who allege they were harmed as a result of an unlawful agreement among Arizona hospitals to fix and suppress what the hospitals paid for such temporary work. In 2011,...

Linerboard Antitrust Litigation

Status:Settled
Settlement Amount: $202 million
Practice Area(s): Antitrust
Berger & Montague was one of a small group of court-appointed Executive Committee members who led this nationwide class action against producers of linerboard. The complaint alleged that the defendants conspired to reduce production of linerboard...

Marchbanks Truck Service Inc., et al. v. Comdata Network, Inc., et al.

Status:Settled
Practice Area(s): Antitrust
Berger & Montague managing shareholder Eric L. Cramer and shareholder Andrew C. Curley were co-lead counsel for a Settlement Class of approximately 6,500 independent truck stops and other retail fueling facilities in a long-running antitrust lawsuit...

Master Key Antitrust Litigation

Status:Settled
Settlement Amount: $21 million
Practice Area(s): Antitrust
Berger & Montague filed this antitrust suit on behalf of the City of Philadelphia and served as one of the co-lead counsel in this litigation. Plaintiffs alleged that four manufacturers of master key systems violated Section 1 of the Sherman...

Methyl Methacrylate ("MMA") Antitrust Litigation

Status:Settled
Settlement Amount: $15 million
Practice Area(s): Antitrust
Berger & Montague, as one of four court-appointed Co-Lead Counsel, recovered more than $15 million in settlements for the benefit of direct purchasers of methyl methacrylate ("MMA") and acrylic products. Defendants were the leading manufacturers of...

Metoprolol Succinate Direct Purchaser Antitrust Litigation

Status:Settled
Settlement Amount: $20 million
Practice Area(s): Antitrust
Berger & Montague was one of two Co-Lead counsel in the case on behalf of a class of wholesalers and pharmacies, alleging that AztraZeneca used a fraudulently obtained patent to block the entry of lower priced generic competitors to their brand-name prescription medication, sold under the brand name Toprol XL. The suit alleged that the anticompetitive conduct forced all purchasers to overpay for this prescription medication.

Microcrystalline Cellulose Antitrust Litigation

Status:Settled
Settlement Amount: $50 million
Practice Area(s): Antitrust
Berger & Montague, as one of two court appointed Co-Lead Counsel, recovered $50 million in settlements for the benefit of direct purchasers of microcrystalline cellulose ("MCC"), which is used as a binder in the production of pharmaceuticals,...
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