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Antitrust

Aluminum Sulfate Litigation

In re: Liquid Aluminum Sulfate Antitrust Litigation, MDL No. 2687, (Judicial Panel on Multidistrict Litigation).

This multi-district litigation concerns an alleged price-fixing and bid-rigging scheme for a water-treatment chemical used by municipalities and paper companies. CGL is representing indirect purchasers of the chemical who are seeking to recover damages incurred by the conspiracy.

The nineteen cases that comprise the litigation were recently consolidated with a designated venue of New Jersey.

For more information, please contact attorney Benjamin D. Elga at 202-789-3960 or by email at belga@cuneolaw.com.

Vehicle Carrier Services Antitrust Litigation

In re: Vehicle Carrier Services Antitrust Litigation, MDL No. 2471 (U.S. District Court for the District of New Jersey).

CGL is Interim Co-Lead Counsel representing automobile dealers against international vehicle carrier service companies in a multi-district litigation case, and an action before the Federal Maritime Commission, concerning an alleged price-fixing and market allocation conspiracy among international operators of Roll-on/Roll-off (“RoRos”) ships—specially designed to transport vehicles which can be driven on and off. Plaintiffs are seeking damages for the costs associated with inflated prices resulting from the conspiracy, as well as injunctive relief for the alleged antitrust violations.

Defendants’ conduct has been the subject of investigations by the Japanese Federal Trade Commission, the U.S. Department of Justice, the European Commission Competition Authority, Australia’s Federal Court, and Canada’s Competition Bureau. The DOJ has announced that Defendants Kawasaki Kisen Kaisha, Ltd., Compañía Sud Americana De Vapores S.A., and Nippon Yusen Kabushiki Kaisha have agreed to plead guilty and pay criminal fines collectively totaling more than $300 million for their involvement in a conspiracy to fix prices, allocate customers, and rig bids for vehicle carrier services to and from the United States.

The United States District Court for the District of New Jersey dismissed the complaint, and the decision is now on appeal.

For more information, please contact attorney Benjamin D. Elga at 202-789-3960 or by email at belga@cuneolaw.com.

Titanium Dioxide Indirect Purchaser Litigation

Jan Harrison, et al. v. E. I. Du Pont De Nemours and Company, et al., Case No. 5:13-cv-01180-BLF (U.S. District Court for the Northern District of California).

This putative class action lawsuit, pending in the United States District Court for the Northern District of California, alleges that United States producers of titanium dioxide conspired to raise the price of this important ingredient, which is used in paints, other coated plastics, paper, and countless other consumer and industrial products. Defendants and their co-conspirators control 100 percent of the United States’ Titanium Dioxide capacity. CGL is maintaining this case on behalf of indirect purchasers, namely retailers and consumers of architectural paint (house paint) in the United States. In June, the court upheld the plaintiffs’ complaint.

For additional information, please contact attorneys Jonathan Cuneo, Katherine Van Dyck, or Benjamin Elga at (202) 789-3960 or by email at jonc@cuneolaw.com, kvandyck@cuneolaw.com, or belga@cuneolaw.com.

Packaged Seafood Products Antitrust Litigation

In re: Packaged Seafood Products Antitrust Litigation, Case No. 15-md-02670-JLS-MDD (U.S. District Court for the Southern District of California).

CGL was appointed interim lead counsel on behalf of commercial food preparer indirect purchaser plaintiffs in 27 states and territories in a case seeking class action status that alleges a conspiracy to unlawfully inflate prices for shelf-stable seafood products targeting the United States market.

CGL was appointed interim lead counsel on March 24, 2016.

For additional information, please contact Jonathan Cuneo, Joel Davidow or Benjamin D. Elga at (202) 789-3960, or by email at jonc@cuneolaw.com, joel@cuneolaw.com and belga@cuneolaw.com.

AUTO PARTS PRICE-FIXING ANTITRUST LITIGATION

In re: Automotive Parts Antitrust Litigation, Case No. 12-md-02311 (U.S. District Court for the Eastern District of Michigan).

CGL (Jonathan Cuneo) is interim co-lead counsel for auto dealers in 29 states and D.C. seeking compensation for auto parts bid rigging and price fixing. The auto parts involved include, among others, wire harnesses, instrument panel clusters, fuel senders, heater control panels, bearings, occupant safety restraint systems, radiators, windshield wipers, alternators, anti-vibration rubber parts and starters. There are now 30 such cases.

The US Department of Justice Antitrust Division, conducting what it deems the largest international antitrust investigation in its history, has issued criminal information against numerous makers of auto parts, ranging from wire harnesses, to instrument panels, to air bags. A number of firms have already pleaded guilty and paid huge fines. Individual managers have pleaded guilty also, and some have received jail sentences. Cases have been filed for direct purchasers of such parts, for auto dealers, and for consumers who purchased cars or replacement parts. The damage claims have been grouped in to separate cases, depending on what parts of cars were involved, but all cases were transferred to Federal District Court in Detroit, Michigan. Presiding Judge Battani has appointed CGL’s Jonathan Cuneo, along with prominent lawyers from Mississippi and Minnesota, as co-lead counsel for named car dealers and possible classes of all dealers in the 31 American jurisdictions that allow indirect purchaser victims of price-fixing to obtain damage awards.

Auto dealers have received final approval of a nearly $60 million settlement agreement, and $100 million in additional settlements are awaiting court consideration.

For additional information, please contact Jonathan Cuneo, Joel Davidow or Victoria Romanenko at (202) 789-3960, or by email at jonc@cuneolaw.com, joel@cuneolaw.com and vicky@cuneolaw.com.

NCAA

In re: NCAA Student-Athlete Name & Likeness Licensing Litigation, Civil Action No. 4:09-cv-01967 (U.S. District Court for the Northern District of California).

Our firm is involved in a class action involving thousands of former Division 1 men’s basketball and football players who allege the NCAA violated federal antitrust law, by unlawfully preventing former players from receiving any compensation related to the use of their images and likeness.

On August 8, 2014, the United States District Court entered judgment on behalf of plaintiff. The case is now on appeal.

For additional information, please contact Daniel Cohen at (202) 789-3960 or by email at danielc@cuneolaw.com.

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