Practice Areas

Administrative Law
Antitrust
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U.S. Supreme Court
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Antitrust

Antitrust

Cooper & Kirk has the expertise and the depth of experience to vindicate the rights of our clients who have been harmed by collusive efforts to squelch competition and by unlawful exertions of monopoly power, and to counsel clients seeking to navigate the often confusing federal and state competition laws. Our lawyers have represented both individuals and State governments in complex antitrust matters and have advised private clients on a variety of antitrust and competition matters. We are part of the leadership team that has obtained the landmark class action settlement of the claims asserted under Section 1 against the Blue Cross Blue Shield network and are actively involved in the effort to restore competition to the Internet. We have provided in-depth analysis of the potential antitrust consequences of mergers, long term purchase contracts, and other transactions. We have even conducted full-scale briefing and oral argument before retired federal judges to aid clients in assessing the strength of potential claims and defenses in litigation.

Issue
Class Action against 36 Blue Cross Blue Shield Entities

Overview We represent subscriber plaintiffs in a class action against the individual Blue Cross Blue Shield entities and the Blue Cross Blue Shield Association. The plaintiffs in this multidistrict class action litigation, which was first filed in 2012, allege that the BCBS entities unlawfully agreed to allocate exclusive territorial markets in which they sell Blue-branded health insurance and to cap the amount of unbranded health insurance they can offer. Cooper & Kirk served on the Plaintiffs’ steering committee and chaired the written submissions committee. In 2020, the parties entered into a historic settlement, obtaining a $2.6 billion in damages—the largest settlement award ever in an antitrust class action—as well as significant pro-competitive injunctive relief. The motion for final approval of the settlement is currently pending before the Northern District of Alabama.

Issue
Class Action - Below Market Wages
Level of Court
US Court of Appeals - DC Circuit

Overview We represented a nationwide class of medical residents who sued their employers for setting salaries at below market wages in violation of the federal antitrust laws. The district court rejected the defendant’s motion to dismiss. Congress then amended the antitrust laws to bless the program our clients were challenging.

Issue
Microsoft Anti-Competitive Behavior
Level of Court
US Court of Appeals - Fourth Circuit

Overview We represented Novell in a multi-billion-dollar antitrust lawsuit against Microsoft. Novell alleged that Microsoft engaged in anticompetitive behavior that prevented its software from being compatible with Windows and thus inflicted billions of dollars of harm on Novell. We appealed the district court’s dismissal of the suit, and the Fourth Circuit reversed.

Issue
OPEC & Venezuela Price Fixing
Level of Court
US Court of Appeals - Fifth Circuit

Overview We represented United States gasoline retailers in a suit against Venezuela’s subsidiaries alleging that they conspired with Organization of Petroleum Exporting Countries (OPEC) member nations to fix prices of crude oil and refined petroleum products in the United States.