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Representative Cases

The cases listed here are representative of the work done by the attorneys of the antitrust practice group.

Nexstar Broadcasting, Inc. v. Granite Broadcasting Corp.

The firm represented Nexstar Broadcasting, Inc., an owner and operator of multiple television stations across the U.S., in its antitrust suit against its competitor Granite Broadcasting Corporation in the United States District Court for the Northern District of Indiana. The litigation, filed on July 25, 2011, alleged that Granite violated federal and state antitrust laws by having unlawfully acquired control over the sale of television broadcast local spot advertising in the Fort Wayne, Indiana, Designated Market Area (DMA) by having acquired control of local spot advertising sales on five of the six national television broadcast network affiliations in the Fort Wayne DMA (NBC, ABC, FOX, MyNetworkTV, and The CW). Nexstar alleged that Granite’s exclusion of Nexstar’s Fort Wayne television station, WFFT-TV, from the “must-have” programming of these national networks had injured WFFT-TV’s and Nexstar’s ability to sell local spot advertising and had raised WFFT-TV’s costs of producing television programming. The firm defeated Granite’s motion to dismiss Nexstar’s complaint, and also defeated Granite’s motion for reconsideration, or in the alternative for interlocutory appeal, of the court’s denial of Granite’s motion to dismiss, thereby allowing the case to proceed to discovery. On February 6, 2013, Nexstar entered into a new affiliation agreement with the Fox Broadcasting Company (FOX) for WFFT-TV in Fort Wayne, Indiana, beginning March 1, 2013. On February 6, 2013, the parties mutually agreed to settle the lawsuit and stipulated to dismissal of the lawsuit with prejudice.

Ortho Biotech v. Amgen

The firm represented Ortho Biotech, a subsidiary of Johnson & Johnson, in a Sherman Act Section 1 and 2 litigation against Amgen, Inc. in the District of New Jersey. Ortho alleged that Amgen used its monopoly in the market for white blood cell growth factor (WBCGF) drugs to the detriment of consumers that purchase red blood cell growth factor (RBCGF) drugs. WBCGF and RBCGF drugs are given to patients undergoing cancer chemotherapy that have sustained substantial losses in either white or red blood cells. Specifically, Ortho alleged that Amgen engaged in its exclusionary tactics by providing massive rebates to cancer clinics on its WBCGF drugs only on the condition that the clinics purchase all or substantially all of their RBCGF drugs from Amgen (as opposed to Ortho). Ortho alleged that this conduct led to anticompetitive effects by, among other things, foreclosing it from substantial portions of RBCGF sales and that this conduct constitutes an illegal tying arrangement, a maintenance of monopoly power and/or an unlawful attempt to monopolize. Ortho sought damages and injunctive relief in this matter. In a settlement that the parties announced on July 11, 2008, Amgen agreed to pay Ortho $200 million.

Solla, et al. v. NYS Health Maintenance Organization Conference, Inc., et al.

Constantine Cannon successfully defended New York Life Insurance Co. in an action brought against the major Health Maintenance Organizations in the New York metropolitan area. The case alleged, among other things, that the HMO defendants conspired to boycott chiropractors. The trial court granted defendants’ motion for summary judgment, and the Second Circuit Court of Appeals affirmed.

Supreme Fuels v. IOTC.

The firm currently represents this multinational government/military supply contractor in an antitrust/RICO action relating to the company’s loss of a one-billion dollar contract to supply fuel to the U.S. troops in Iraq.

Wal-Mart Stores, Inc. et al. v. Visa U.S.A. Inc. and MasterCard International Incorporated (a/k/a In re Visa Check/MasterMoney Antitrust Litigation)

Constantine Cannon was lead counsel for the plaintiffs in this antitrust class action against Visa and MasterCard, on behalf of the more than five million retailers in the United States that accept Visa and MasterCard credit and debit cards. The firm secured a record-breaking settlement for its clients, consisting of $3.05 billion in payments from Visa and MasterCard along with reductions of fees to retailers valued by the courts at between $25 and $87 billion. The firm filed the lawsuit on behalf of its clients Wal-Mart Stores, Inc., The Limited, Inc., and other retailers as well as three retail trade associations. These retailers contended that Visa and MasterCard attempted to monopolize the debit card market by tying merchant acceptance of debit cards to credit cards and other anticompetitive conduct. Constantine Cannon has concluded the claims administration and distribution phase of the class settlement, with more than 99% of the funds (net of expenses) being disbursed to merchants, and a cy pres donation of the approximate $1.75 million remainder going to the American Antitrust Institute, Consumers Union, and U.S. PIRG.


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