McCulley McCluer PLLC

Antitrust LitigationAntitrust Litigation

Antitrust law seeks to protect competition and prevent unfair trade practices that injure businesses and ultimately lead to higher prices for consumers. Potential claims can include price-fixing conspiracies among competitors and unlawful monopolization by a dominant market participant.

McCulley McCluer has extensive experience litigating antitrust claims and has been selected by numerous federal courts and co-counsel to serve in leadership positions in some of the largest antitrust class actions in the country. Our attorneys have prosecuted and defended antitrust cases seeking in excess of $1 billion in markets as diverse as pharmaceuticals, truck stops, hospital beds, and electrodes.

McCulley McCluer currently serves as Co-Lead Counsel for the plaintiffs in In re Delta/Airtran Baggage Fee Antitrust Litig., MDL 2089, multi-district litigation pending in the Northern District of Georgia in which the putative class is seeking hundreds of millions of dollars in overcharge damages for the alleged unlawful imposition of first bag fees by the defendants. McCulley McCluer was selected by the Court from among many applicants as one of four firms to lead the litigation as a result of its "extensive antitrust and class action experience."

Our firm was also selected to serve as Executive Committee counsel for a putative class of independent truck stops in Marchbanks Truck Service Inc., et al. v. Comdata Network, Inc., et al., 07-1078 (E.D. Pa.). The plaintiff class alleges that, as a result of the defendants' anticompetitive conduct, they were forced to pay inflated transactions fees to Comdata Network, Inc. for processing transactions involving Comdata's specialized trucker Fleet Cards.

We have represented plaintiffs in numerous additional antitrust matters. Representative cases include:

In re: Aftermarket Automotive Lighting Products Antitrust Litigation, MDL 2007 (C.D. Cal.) (direct purchaser antitrust class action) ($25 million partial settlement pending).

In re: Aftermarket Filters Antitrust Litigation, MDL 1957 (N.D. Ill.) (direct purchaser antitrust class action) ($9.7 million partial settlement pending).

Alternative Electrodes LLC v. Empi, Inc. et al., 08-cv-1247 (E.D.N.Y.) (confidential settlement in antitrust suit on behalf of competitor).