Cartel Investigations
Our antitrust litigators are valued client advocates for all phases of criminal cartel investigations and civil cartel litigation.
Weil has represented clients across a broad range of industries in the most significant cartel investigations and litigations over the past 20 years, including:
- air cargo
- auction houses
- carbon fiber
- vitamins
- auto parts
- LCD
- orthopedic implants
- milk
- helicopter services
- clothing fasteners
- military insignia
- e-books
- MSG
Cartel investigation capabilities
From rapid response to “dawn raids,” search warrant executions, grand jury subpoena compliance and overall case strategy and assessment, Weil knows the landscape ahead for our clients. We:
- Help make key early strategic decisions on whether to cooperate or seek leniency in the United States or other jurisdictions;
- Develop a working relationship with government lawyers to protect the client's interest while maintaining credibility and cooperating when helpful;
- Coordinate with counsel in other jurisdictions to ensure consistency in defense strategy, theses and arguments; and
- Make careful strategy calls in criminal cases so as not to prejudice defenses in civil litigations and investigations in other jurisdictions.
Our global reach: The “Hot Spots”
Weil has coordinated international cartel defense in many of the leading “hot spot” jurisdictions for enforcement:
- United States
- Brazil
- Canada
- Mexico
- United Kingdom
- European
- Japan
- Korea
- Australia
- Switzerland
Representative clients
- Panasonic Corporation
- ExxonMobil
- Bridgestone
- Johnson & Johnson
- Calsonic Kansei (now known as Marelli)
- Sumitomo Chemical
- SEACOR Holdings
- Toray
- Prym Group
- Pirelli
- Vantec World Transport
- Kyowa
- SEC Carbon
Selected Representations
Representative Matters
American Airlines
Weil was retained to defend American Airlines Inc. and AMR Corp. in the government investigations into alleged price fixing in the air cargo industry, as well as the more than 38 private lawsuits initially naming them as parties. Weil successfully negotiated the exclusion of American from the amended consolidated complaints filed in the Eastern District of New York.
Exxon Mobil Corporation
Weil successfully represented Exxon Mobil in connection with 16 separate suits, including one consolidated federal class action, 13 state class actions, and two opt-out cases brought by major purchasers of ethylene propylene diene monomer rubber (EPDM), alleging that Exxon Mobil and co-defendants unlawfully conspired to fix prices in the market for EPDM. These lawsuits were filed following public disclosure that the Antitrust Division of the U.S. Department of Justice (DOJ), and antitrust authorities in the European Union, were conducting investigations into whether antitrust violations occurred in the markets for EPDM. After obtaining the dismissal of seven of the cases in 2007, the Weil team secured the dismissal of the remaining nine actions, including the consolidated federal class action and class actions in North Carolina, New Mexico, Nebraska, Kansas, Tennessee, Iowa, and California. In contrast to the other defendants in the actions, who paid over $80 million in settlements, Exxon Mobil paid nothing in damages or settlement in any of the 16 cases.
Panasonic North America
Weil is currently defending Panasonic Corp. and Panasonic North America in the Cathode Ray Tube (CRT) Antitrust MDL proceedings in the Northern District of California. Plaintiffs allege a 17-year price-fixing conspiracy with respect to CRTs. Weil successfully obtained a Rule 11 ruling against Plaintiffs in the first phase of the case. Defendants then moved for summary judgment as to claims by purported direct purchaser class members who purchased finished products, but not standalone CRTs. Defendants were completely victorious before the special master and obtained a report and recommendation that would effectively decimate the purported class. While that recommendation was pending adoption, Panasonic negotiated a favorable settlement with the purported direct purchaser class.
Confidential Japanese Auto-Parts Manufacturer and US Subsidiary
Weil is representing a major Japanese auto-parts manufacturer and its United States subsidiary with respect to an industry-wide Department of Justice criminal antitrust investigation. This is the largest criminal investigation in the Department of Justice Antitrust Division’s history and, to date, has resulted in over $785 million in fines. Weil is coordinating global strategy with counsel in other jurisdictions, with particular emphasis on developing criminal defense strategy and defending possible civil action in the future.
Calsonic Kansei (now known as Marelli)
Weil is representing Calsonic Kansei Corp. (now known as Marelli), a global automotive parts manufacturer headquartered in Japan, in class action litigation in the United States alleging a conspiracy among a number of defendants to fix prices and rig bids for radiators. Weil is also assisting the client with respect to similar class actions that have been filed against Calsonic in Canada.
Vantec World Transport
Weil represented Vantec World Transport entities in a putative treble damage class action lawsuit alleging that numerous air cargo freight forwarders conspired to fix or pass-on certain charges to customers. Weil negotiated a favorable class action settlement, which received final approval in the U.S. District Court for the Eastern District of New York and upheld a most-favored nation’s clause against an objection from non-settling defendants.
National Tier 1 Firm for Litigation – Antitrust
U.S. News & World Report – Best Lawyers “Best Law Firms” 2018
Weil’s Antitrust Practice Ranked Tier 1
Benchmark Litigation 2018