PRACTICES
Antitrust
FKB has played a key role in many of the most significant antitrust class actions litigated in the federal courts.
OUR EXPERTISE
We have broad experience in all areas of antitrust litigation, including complex discovery management, antitrust economics, expert preparation, class certification, and trial and appellate practice.
Our lawyers are routinely appointed to leadership roles in antitrust class actions, and we are among the few firms with a proven track record of taking an antitrust class action to trial and securing a substantial jury verdict for the plaintiff class.
The firm represents both plaintiffs and defendants and is available to counsel clients in all areas of antitrust law, including criminal amnesty issues, patent/antitrust litigation, regulatory proceedings, and state competition law.
[A]mong the best and most experienced antitrust litigators in the country.”
Court Opinion, In re Lorazepam and Clorazepate Antitrust Litigation
TRACK RECORD
-
Record-breaking Antitrust Jury Verdict
FKB represented the direct purchaser class in In re Urethane Antitrust Litigation, a price-fixing case against urethane chemical manufacturers. After a four-week trial, the jury returned one of the largest price-fixing verdicts ever, resulting in a $1.06 billion judgment.
-
Lead Counsel in the Nation's Largest Price-Fixing Case
The firm is currently serving as lead counsel for the end-payer classes in In re Generic Pharmaceuticals Pricing Antitrust Litigation, a price-fixing case against dozens of pharmaceutical manufacturers.
-
Precedent-Setting Litigation
FKB represented an executive charged with criminal antitrust violations in United States v. Stolt-Nielsen S.A., which involved issues of first impression related to the U.S. Department of Justice’s Amnesty Program. Following a three-week bench trial, the court dismissed the charges against the firm’s client.
REPRESENTATIVE CASES
In re Generic Pharmaceuticals Pricing Antitrust Litigation
The firm is currently leading the largest antitrust multidistrict litigation now pending in the country, following the Honorable Cynthia M. Rufe’s appointment of FKB’s Roberta Liebenberg to serve as lead counsel for the end-payer plaintiff classes. Plaintiffs allege that leading generic pharmaceutical manufacturers fixed prices for more than 180 generic drugs. The end-payer classes achieved favorable Daubert and class certification decisions in 2024 and 2025 and have secured more than $500 million in settlements to date.
In re Urethane Antitrust Litigation
FKB served as co-lead counsel for the direct purchaser plaintiff class in this price-fixing case against manufacturers of polyether polyols. After a four-week trial, the jury returned the largest price-fixing jury verdict in the history of the federal antitrust laws. Ultimately, FKB and its co-counsel secured nearly $1 billion in settlements for the class.
In re Cathode Ray Tube Antitrust Litigation
FKB served on the indirect purchaser plaintiffs’ trial team in this price-fixing case in the cathode ray tube industry. Nearly all defendants settled for $547 million, one of the largest recoveries ever achieved on behalf of indirect purchasers. The district court subsequently imposed terminating sanctions against the remaining defendants and held a three-day evidentiary hearing on damages in May 2025.
In re Domestic Air Travel Antitrust Litigation
FKB defended Southwest Airlines in a nationwide class action case alleging that major airlines violated the antitrust laws by agreeing to restrict capacity on domestic air travel. The firm negotiated a class settlement between Southwest and the plaintiff class, which withstood an appeal to the U.S. Court of Appeals for the District of Columbia Circuit.
United States v. Stolt-Nielsen S.A.
The firm successfully represented an executive charged with criminal violations of the antitrust laws in a case involving important issues of first impression relating to the Department of Justice’s Antitrust Amnesty Program. The firm litigated the matter through a three-week bench trial in 2007, obtaining an extraordinary result when the court dismissed the charges against its client on the basis of an amnesty agreement.
Standard Iron Works v. Arcelor Mittal
FKB served as co-lead counsel representing a class of direct purchasers of steel products in this antitrust class action alleging a conspiracy among manufacturers to increase prices of finished steel products by restricting supply. After years of hard-fought litigation, the firm obtained settlements for the class of $194 million.