Antitrust Litigation
Our team is accomplished in guiding clients across industries through all stages of merger and non-merger litigation. We routinely secure critical pre-trial victories for clients including prevailing with successful motions to dismiss claims before discovery, defeating certification of or narrowing classes during the certification phase, and securing summary judgment rulings for our clients. Nimble and responsive, we are effective in challenging requests for preliminary injunctions. Weil has an impressive track record in achieving excellent results for clients at trial and on appeal, with particular success in class action litigations.
Weil has developed specialized expertise in representing corporations as plaintiffs and defendants in some of the most cutting edge areas of antitrust law today, including:
- bundling and loyalty pricing
- exclusive dealing
- intellectual property
- labor and employment
- most favored nation terms
- monopolization
- predatory pricing
- tying
Our team has represented major firms in some of their most significant “bet the company” litigations, involving the following industries:
- airline
- agriculture
- fashion
- life sciences
- pharmaceuticals
- private equity
- sports leagues
- television
- ticketing
- wholesale grocery
Global Recognition
50
Select Representations
We conduct large-scale, complex litigation — and win
Duke Energy
- Weil successfully secured an eve-of-trial settlement with NTE Energy on claims that Duke Energy maintained monopoly power in the wholesale power market by engaging in below-cost pricing practices and foreclosing NTE Energy from accessing its transmission network.
- Weil is also representing Duke Energy in an antitrust class action brought by former nuclear workers who allege a decades long conspiracy among every nuclear energy company in the country along with two consulting firms to suppress wages to nuclear generation employees and the sharing of employee compensation information.
PlayOn! Sports
MLB Players Association and Major League Baseball Players, Inc.
International Association of Scientific, Technical, and Medical Publishers
Meta Platforms
Saks Fifth Avenue
Simon & Schuster
Visa
Arizona Association of Realtors
Regeneron Pharmaceuticals
Bridgestone Americas
Brookfield Asset Management
LiquidPower Specialty Products (LSPI)
GrubHub
Professional Tennis Players Association
BASF
- Weil secured a motion to dismiss for BASF in defense of multiple antitrust class actions in a consolidated multi-district litigation in which plaintiffs alleged the company participated in a conspiracy to boycott electronic crop inputs platforms and increase prices for crop inputs.
- Weil is representing BASF in a multi-district litigation on allegations that BASF, along with several other defendants, utilized loyalty program rebates to maintain a monopoly in the relevant market, exclude generic manufacturers, and charge supracompetitive prices.
Pilgrim’s Pride Corporation
- Weil represents Pilgrim’s Pride Corporation in In re Broiler Chicken Antitrust Litigation, which is one of the largest antitrust cases in the country. The case involves more than 70 complaints filed by three purported nationwide classes and 160 Direct Action Plaintiffs. Plaintiffs allege that 19 poultry producers and a benchmarking organization conspired to restrict the supply of broiler chickens in violation of federal antitrust laws and state antitrust, consumer protection, RICO and unjust enrichment laws and collectively seek damages likely to exceed $10 billion. After several years of litigation, Weil secured highly favorable settlements with the three purported classes.
- Weil also represents Pilgrim’s Pride Corporation in In re Broiler Chicken Grower Litigation, which consolidates class action complaints filed on behalf of purported classes of broiler growers. Plaintiffs in these cases allege that PPC and other poultry integrators illegally conspired to suppress prices paid to broiler growers nationwide in violation of the Sherman Act and the Packers and Stockyards Act. The Judicial Panel on Multidistrict Litigation consolidated a series of “copycat” class action complaints from California, Colorado, and Kansas into MDL proceedings in Oklahoma. Discovery is ongoing, and the current case management order contemplates a close of fact discovery in February 2022.
- Weil also represents Pilgrim’s Pride Corporation in Jien v. Perdue Farms, Inc., a wage fixing and “no poach” case filed in the U.S. District Court for the District of Maryland on August 30, 2019. Plaintiffs seek to represent a nationwide class of employees at poultry processing plants from 2009 to the present. After two years of litigation, Weil obtained a highly favorable icebreaker settlement with the purported class.
Bruker Corporation
Torrent Pharmaceuticals
Key Contacts