Antitrust

New York Law Journal |Analysis

A Focus on Price: Antitrust in the Kavanaugh Era

Shepard Goldfein and Karen Hoffman Lent | August 13, 2018

In their column on Antitrust Trade and Practice, Shepard Goldfein and Karen Hoffman Lent discuss Judge Brett Kavanaugh's doctrinal preferences regarding antitrust law.

The Legal Intelligencer |News

J&J Can't Dodge Pfizer's Antitrust Suit, Judge Rules

Max Mitchell | August 13, 2018

The ruling allows Pfizer to proceed with its antitrust lawsuit against J&J on allegations that rebate programs J&J entered into with insurers and hospitals were designed to curb competition.

Litigation Daily |Commentary

Daily Dicta: Why 23 Beer Drinkers Can't Un-Do a $107B Merger

Jenna Greene | August 09, 2018

It's one of the quirkier corners of antitrust law: Private plaintiffs can sue to block mergers. But extracting a settlement is another matter.

Corporate Counsel |News

Global Cartel Misconduct Reaches Into Bank Rates, Oranges, Even Condoms

Sue Reisinger | August 08, 2018

In the first half of the year, many of the crackdowns happened in Europe, but other jurisdictions such as Australia, Singapore and Egypt saw heightened enforcement as well.

The Recorder |Case Digests

Dehoog v. Anheuser-Busch InBev, SA/NV

August 08, 2018

Anheuser-Busch's acquisition of multinational brewing company SABMiller did not violate section 7 of Sherman Act

Litigation Daily |Commentary

Daily Dicta: This Big Law Firm Is the (Unlikely) PR Champ of the Day

Jenna Greene | August 07, 2018

Here's a fun experiment: Four big law firms and two smaller ones on Monday could all legitimately claim a win in a billion-dollar antitrust suit. But who was quickest out of the gate to tout the shared victory?

The Recorder |Case Digests

Gold Medal, LLC v. USA Track & Field

August 07, 2018

Implied antitrust immunity applies to U.S. Olympic Committee restrictions on athlete sponsorships and advertising

The Recorder |Case Digests

Arandell Corp. v. CenterPoint Energy Services, Inc.

August 06, 2018

Subsidiary could be held liable for alleged unknowing participation in parent company's anticompetitive conduct

National Law Journal |News

AT&T Case 'Will Shape the Future,' DOJ Tells DC Circuit in Opening Brief

Ellis Kim | August 01, 2018

The U.S. Justice Department on Monday filed its opening brief in the D.C. Circuit. Here's a look at the Justice Department team fighting to revive its legal challenge to the AT&T-Time Warner merger.

The American Lawyer |News

Chasing M&A Dominance, Cadwalader Adds Sidley Austin Antitrust Co-Leader

Meghan Tribe | July 31, 2018

Cadwalader "is poised to be one of the firms that is going to really be in control of the next M&A cycle,” said new partner Joel Mitnick in New York, who was global co-head of Sidley Austin's antitrust group.

New York Law Journal |Case Digests

Matter of Commodity Exchange Inc., Gold Futures and Options Trading Litigation

July 31, 2018

UBS Dismissed From Gold Price Fixing Action; Direct Involvement in Suppression Lacking

The Recorder |Case Digests

Hicks v. PGA Tour, Inc.

July 30, 2018

Golf caddies' agreement to wear bibs containing sponsor advertising forfeited claims against tour organizer

The Legal Intelligencer |Commentary

'Actavis' and Reverse-Payments Suits in the Third Circuit After Five Years

Carl W. Hittinger and Jeffry W. Duffy | July 27, 2018

For over 20 years, purportedly anticompetitive patent-litigation settlement agreements between rival branded and generic pharmaceutical manufacturers—so-called “reverse payment” or “pay for delay” settlements—have generated numerous private lawsuits and ranked as one of the Federal Trade Commission's top enforcement priorities, with private plaintiffs and the FTC alike claiming such agreements have cost consumers millions of dollars by keeping generic drugs off the market.

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The Recorder |Analysis

Massive $5B Fine Against Google Highlights Long-Term Shift in EU, US Antitrust Enforcement

Caroline Spiezio | July 20, 2018

Why hasn't the U.S. cracked down on Google for antitrust violations in the way Europe has? It might have a lot to do with the regions' individual legal regimes around antitrust.

Corporate Counsel |News

Google to Appeal $5 Billion Antitrust Fine, Voices Fear for Android Open Source System

Sue Reisinger | July 18, 2018

Google didn't waste time hitting back at the European Union after it issued a massive antitrust penalty against the tech giant.

National Law Journal |News

Sidley Austin's Peter Keisler Takes on More Formal Role for AT&T in Antitrust Appellate Battle

C. Ryan Barber | July 17, 2018

As the AT&T's defense against a Justice Department antitrust challenge advances into a Washington appeals court, Keisler is set to assume a more formal role.

National Law Journal |News

DOJ Effort to Derail AT&T-Time Warner Merger Seen as Uphill Fight, But Some Point to 'Friendly Forum' in DC Circuit

Ellis Kim | July 16, 2018

Experts see a difficult task ahead for the Trump administration, particularly because the federal trial judge's ruling was so fact-driven. But others argue the appeal might find a more favorable reception at the D.C. Circuit.

The American Lawyer |News

O'Melveny Loses Antitrust Partner in DC, Adds Life Sciences Partner in San Francisco

Meghan Tribe | July 16, 2018

Edward "Ted" Hassi joined Debevoise & Plimpton in Washington, while Latham & Watkins' Geoffrey Kuziemko jumped to O'Melveny in California.

Law.Com |Profile

From Hot Dogs to High Court: Cravath's Evan Chesler

Jenna Greene | July 05, 2018

The law firm chairman led American Express to victory last week in his first Supreme Court argument. It's a long way from his job as a kid at Yankee Stadium.

Litigation Daily |Profile

Daily Dicta: For Cravath's Chesler, a Crowning Achievement

Jenna Greene | July 05, 2018

Cravath Chairman Evan Chesler led American Express to victory last week in his first Supreme Court argument. It's a long way from selling hot dogs in Yankee Stadium as a kid.

National Law Journal |News

Squire Patton Boggs Antitrust Duo Jumps to Baker Botts

Ryan Lovelace | June 26, 2018

Mark Botti, co-chair of Squire's antitrust practice and former antitrust head at Akin Gump, is joining Baker Botts along with partner Anthony Swisher.

New York Law Journal |Expert Opinion

AT&T-Time Warner and a Rare Judicial Perspective on Vertical Mergers

Elai Katz | June 25, 2018

A federal trial judge rejected the Department of Justice's challenge to AT&T Inc.'s proposed acquisition of Time Warner Inc., denying the government's request to block the proposed merger of a leading communications provider with a major entertainment company.

The Recorder |Case Digests

Ohio v. American Express Company

June 25, 2018

"Antisteering" provisions in credit card merchant contracts do not violate federal antitrust law

The Legal Intelligencer |Commentary

How Smart Is the Proposed Merger Review SMARTER Act?

Carl W. Hittinger and Tyson Y. Herrold | June 22, 2018

On May 9, the Standard Merger and Acquisition Reviews Through Equal Rules (SMARTER) Act passed the House of Representatives by a 230-185 vote.

Litigation Daily |Profile

Litigators of the Week: Cracking the 10-Year Egg Antitrust Case

P.J. D'Annunzio | June 22, 2018

Antitrust class actions almost never go to trial. But three companies trusted their legal teams to get them through—and the lawyers delivered with an across-the-board win against some of the most prominent plaintiffs lawyers in the country.

The Mid Market Report |News

Who Got the Work: Egg-cellent News for an Egg Farm, 37 Cats and 5 Parrots

Jonathan Erway | June 21, 2018

 Porter Wright Morris & Arthur helped secure a major defense win for Seymour, Indiana-based Rose Acre Farms in a $3 billion federal antitrust…

The American Lawyer |News

Cadwalader Antitrust Partner Amy Ray Decamps for Orrick

Dan Packel | June 21, 2018

Orrick picked up a D.C.-based rising star in a practice area that's among the worst for gender diversity.

National Law Journal |

FTC's Limited Data-Privacy Power Makes Chair Joe Simons 'Nervous'

C. Ryan Barber | June 20, 2018

So, what's the agency planning on that front? Self-reflection at the FTC, and other highlights from the agency's new leader.

The Recorder |News

Former Joint Venture Partner Accuses SAP of Stealing Trade Secrets, Copyrights

Ross Todd | June 20, 2018

The lawsuit from Teradata Inc. also asks for treble damages under federal antitrust laws claiming SAP unlawfully tied sale of a product developed with alleged stolen trade secrets to its core enterprise resource planning applications.

Litigation Daily |Commentary

Daily Dicta: Egg on Their Faces: Plaintiffs Giants Come up Empty in $3B Antitrust Trial

Jenna Greene | June 18, 2018

Ten co-defendants settled for a combined $150 million, but the trio of egg producers left standing were willing to risk everything by going to trial. Their gamble paid off.

National Law Journal |News

Justices Add Key Cases on Apple's Antitrust Woes, Asset Forfeiture and Securities Fraud

Tony Mauro | June 18, 2018

U.S. Solicitor General Noel Francisco also urged the justices to grant review in the Apple antitrust case, which will be argued this fall. “The importance of the question presented will only grow as commerce continues to move online,” he wrote. The Apple dispute was one of five case the justices added to their argument docket for the 2018-2019 term.

The Recorder |Quick Takes

SCOTUS Takes Up Key Antitrust Case Over Apple's 'App Store' Model

Mike Scarcella | June 18, 2018

U.S. Solicitor General Noel Francisco also urged the justices to grant review in the Apple antitrust case, which will be argued this fall. “The importance of the question presented will only grow as commerce continues to move online,” he wrote. The Apple dispute was one of five case the justices added to their argument docket for the 2018-2019 term.

Litigation Daily |Profile

Litigator of the Week: An Antitrust Win for the History Books

Jenna Greene | June 15, 2018

Daniel Petrocelli is not an antitrust expert—but the O'Melveny & Myers partner didn't need to be in order to win the biggest merger challenge in decades.

National Law Journal |

Rare Alliance Between Class Action Plaintiffs, US Chamber Prevails at Supreme Court

Tony Mauro | June 14, 2018

The U.S. Supreme Court's ruling Thursday was a boost to class action plaintiffs in dispute over vitamin C. Foreign law deserves "respectful consideration," Justice Ruth Bader Ginsburg wrote, but it doesn't decide this class action.

International |News

Courts Not Bound by Foreign Governments' Statements Regarding Their Laws, Says US Supreme Court

Mike Scarcella | June 14, 2018

The U.S. Supreme Court's ruling Thursday was a boost to class action plaintiffs in dispute over vitamin C. Foreign law deserves "respectful consideration," Justice Ruth Bader Ginsburg wrote, but it doesn't decide this class action.

The Recorder |Case Digests

Animal Science Products, Inc., v. Hebei Welcome Pharmaceutical Co. Ltd.

June 14, 2018

Federal court determining foreign law under Rule 44.1 not bound to accord conclusive effect to foreign government's statements

National Law Journal |News

AT&T Judge Richard Leon Wasn't Mocking Trump! Exclamation Points Are His Mark!

Ellis Kim | June 13, 2018

Anyone who's ever had occasion to read a ruling from U.S. District Judge Richard Leon has probably run into an exclamation point somewhere along the line.

National Law Journal |News

READ THE DECISION: Judge OKs AT&T-Time Warner's $85B Merger

Ellis Kim | June 12, 2018

Read U.S. District Judge Richard Leon's decision here.

Daily Report Online |News

Atlanta Braves Cases Are Apparently Off Chief Justice Roberts' Docket

Tony Mauro | June 11, 2018

Two U.S. Supreme Court orders on Monday—one involving Justice Anthony Kennedy and the other Chief Justice John Roberts Jr.—show why recusals matter.

Corporate Counsel |Expert Opinion

Safeguarding Your Company: Obtaining Recovery for Antitrust Violations

Cindy Caranella Kelly and Sarah Gibbs Leivick | June 06, 2018

There are circumstances where litigation may not necessarily be the optimal strategy for obtaining appropriate redress and recovering damages caused by collusion.

Litigation Daily |Commentary

Daily Dicta: Is This Suit Merely Stupid—or a Secret Conspiracy to Discredit the Plaintiffs Bar?

Jenna Greene | June 04, 2018

Some would-be class actions are so ridiculous that all you can do is shake your head and think “Wow, the lawyer who filed that passed the bar?” But what if there's actually something more nefarious afoot?

Connecticut Law Tribune |Case Digests

Connecticut Ironworkers Employers' Association v. New England Regional Council of Carpenters

June 04, 2018

Ironworkers Claiming Sherman Act Violation Fail to Show Adverse Effect on Competition

Connecticut Law Tribune |Case Digests

Antech Diagnostics Inc. v. Veterinary Oncology and Hematology Ctr. LLC

June 04, 2018

No Attorney-Client Privilege Where Financial Advisors Are Unnecessarily Included in Communications

Legaltech News |News

Microsoft CLO Reflects on U.S. v. Microsoft, Says It Provides Antitrust Lessons for Facebook

Caroline Spiezio | May 30, 2018

At the Code Conference, Microsoft CLO Brad Smith said Facebook's current situation has parallels to the famous United States v. Microsoft antitrust case.

The Recorder |News

Microsoft's Brad Smith Says the Company's Antitrust Case Provides Lessons for Facebook

Caroline Spiezio | May 30, 2018

At the Code Conference, Microsoft's CLO said that Facebook's current situation has parallels to his own company's turn-of-the-century antitrust battles.

Litigation Daily |Commentary

Daily Dicta: Boies Schiller Wins Suit Over Constitutional Right to Smoke Medical Marijuana

Jenna Greene | May 30, 2018

Ah, constitutional law. Where judges can reach back to George Washington and Thomas Jefferson in defense of the proposition that it's OK to smoke (as opposed to eat or vape) medical marijuana.

The Legal Intelligencer |Case Digests

Cable Line, Inc. v. Comcast Cable Communications of Pa., Inc. et al

May 29, 2018

Plaintiffs failed to sufficiently allege any antitrust injury where they claimed defendants' conduct resulted in injury flowing from the loss of a single client but did not assert any decline in competition in the overall cable installation market. The court granted defendants' motion to dismiss plaintiffs' second amended complaint.

International |News

Freshfields Expands China Antitrust Practice With KWM Hire

Anna Zhang | May 25, 2018

The Magic Circle firm has recruited partner Hazel Yin from the Chinese firm, four years after former practice head Michael Han defected to domestic rival Fangda Partners.

The Recorder |News

Arista's Antitrust Suit Against Cisco OK'd for Trial

Scott Graham | May 23, 2018

U.S. District Judge Beth Labson Freeman of the Northern District of California ruled that Cisco's copyright suit combined with GC Mark Chandler's blog posts were enough to get by summary judgment.

The American Lawyer |News

Carlton Fields Faces $15M Malpractice Action Over Procaps Litigation Loss

Scott Flaherty | May 23, 2018

After a magistrate judge gave Carlton Fields a dressing down in an acrimonious antitrust case, the firm's former client is now suing for alleged malpractice and seeking damages of more than $15 million.

Litigation Daily |Commentary

Daily Dicta: No Harm, No Foul—or So These O'Melveny Lawyers Hope

Jenna Greene | May 21, 2018

The new FTC commissioners face an early test: Will they accept the Impax loss, deferring to the ALJ and his exhaustive, 162-page decision? Or will they vote to reverse him and revive criticism that the FTC's administrative process is unfair?

Corporate Counsel |News

AB InBev Toasts to Its New Path on Due Diligence and Compliance

Sue Reisinger | May 18, 2018

The brewing giant used truly unconventional and high-tech methods to transform compliance on a global scale.

National Law Journal |News

So Much for 'Consensus': Big Law Pick for Consumer Chief Divides FTC

C. Ryan Barber | May 17, 2018

Andrew Smith joins the FTC from Covington & Burling. FTC chair Joe Simons said Wednesday he was “disappointed that two of my new colleagues have chosen to turn Mr. Smith's appointment into a source of unnecessary controversy.”

The Recorder |News

Keker Reps Indicted Bumble Bee Exec, Insists He's Innocent

Ben Hancock | May 16, 2018

John Keker of the San Francisco litigation firm Keker, Van Nest & Peters is representing Bumble Bee Foods CEO Chris Lischewski, who faces 10 years in prison and a fine of $1 million.

The Recorder |Case Digests

Chamber of Commerce of the United States of America v. City of Seattle

May 14, 2018

Seattle ordinance authorizing collective bargaining for ride-for-hire drivers not exempt from preemption by Sherman Antitrust Act

The Recorder |News

Ninth Circuit Revives US Chamber's Challenge to Seattle Ride-Hailing Union Law

Erin Mulvaney | May 11, 2018

“Digital platforms like Uber and Lyft have become 'highly interconnected with modern economic and social life,' and present novel challenges and contexts for regulation,” the Ninth Circuit panel said.

National Law Journal |News

Trump Administration Backs Apple in Supreme Court Antitrust Suit Over Apps

Marcia Coyle | May 09, 2018

"The importance of the question presented will only grow as commerce continues to move online," the U.S. Department of Justice told the Supreme Court in an amicus brief backing Apple Inc.'s position in a closely watched antitrust case.

New York Law Journal |Analysis

SCOTUS Hears Arguments on Vitamin C Conspiracy

Shepard Goldfein and Karen Hoffman Lent | May 07, 2018

Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent discuss a case in which the U.S. Supreme Court recently heard oral argument. The court's decision will help clarify whether the Sherman Act can be used to police anticompetitive behaviors that were supposedly compelled by foreign law.

The Legal Intelligencer |Commentary

Class Actions Now Flowing From FTC and DOJ's No-Poach Enforcement

Carl W. Hittinger and Tyson Y. Herrold | May 04, 2018

In our article last month, we discussed the Federal Trade Commission (FTC) and the Department of Justice's (DOJ) jointly issued guidance to HR professionals warning that naked employee no-poach agreements could be criminally prosecuted.

Corporate Counsel |News

T-Mobile, Sprint Want to Merge. What Should Their Law Departments Do Next?

Caroline Spiezio | May 02, 2018

Legal departments at both companies will have plenty of issues to think through, including the deal's potential effect on the U.S. telecom market as well as its possible international implications.

Litigation Daily |Profile

Litigators of the Week: An Antitrust Unicorn—With $800M on the Line

Tom McParland | April 27, 2018

“Class actions and antitrust cases never go to trial. Most people don't want to take the risk,” said David Lender, co-chair of Weil's litigation department. “It's the client willing to go to the mat.”

Corporate Counsel |News

What to Make About the Justice Department's Most Recent 'No-Poach' Settlement

Erin Mulvaney | April 25, 2018

Management-side and antitrust lawyers are looking for enforcement clues about how the U.S. Justice Department will approach no-poach agreements between companies.

National Law Journal |News

Video: Tony Mauro Catches Up With Sidley's Carter Phillips

ALM Staff | April 23, 2018

"I am very happy to be back just practicing law," says Carter Phillips, formerly chairman of Sidley Austin's executive committee.

National Law Journal |News

Fourth Circuit Rejects Appeal of Decision Nixing Table-Saw Antitrust Claims

Michael Riccardi | April 23, 2018

The Fourth Circuit held that Oregon-based saw-maker SawStop's allegations that the companies had colluded to boycott its patented injury-prevention technology were barred by the four-year statute of limitations for antitrust claims.

The Legal Intelligencer |News

Judge Keeps $125M Provigil Settlement Intact, Denying Claim Document Wasn't Final

Max Mitchell | April 23, 2018

A federal judge has rejected an insurance provider's attempts to invalidate a $125 million settlement that the company, and several others, entered into with the makers of the sleep-disorder drug Provigil.

New York Law Journal |Analysis

Hiring Practices Draw Antitrust Scrutiny

Elai Katz | April 23, 2018

Antitrust columnist Elai Katz writes: Federal enforcers have left no doubt that restraints on competition for employees may constitute serious antitrust violations.

Litigation Daily |Commentary

Daily Dicta: When the Judge Doesn't Like You; Saw Makers Notch a Win

Jenna Greene | April 23, 2018

Judicial bias is a tricky thing. Is the judge ruling against you because she doesn't like your legal arguments? Or is it personal?Either way, it's bold—and potentially risky—move to call on a judge to recuse for bias. But Mike Daugherty is not one to shy away from a fight.

The Recorder |News

Wilson Sonsini Gets Appellate Win in Google Derivative Suits Over 'No-Poach' Agreements

Ross Todd | April 17, 2018

The Sixth District Court of Appeal upheld a lower court ruling which tossed claims against Google execs on statute of limitations grounds.

Corporate Counsel |News

The Reviews Are in for Zuck: His Big Performance Sounded Scripted, But Is That Bad?

Caroline Spiezio | April 12, 2018

Attorneys and other experts weighed in on Facebook CEO Mark Zuckerberg's big week in D.C., explaining how some facets of his testimony proved effective, while others may not have worked as well.

New York Law Journal |Analysis

DOJ Brings First 'No-Poach' Prosecution Since Issuing Antitrust Guidance for HR Professionals

Juan Arteaga and Richard Stella | April 11, 2018

A careful review of this settlement and the Antitrust Division's accompanying press release indicates that there is a significant likelihood that no-poaching and wage-fixing agreements that were entered into or that continued after the Antitrust Division issued its guidelines for human resource professionals will be prosecuted as criminal violations.

The Legal Intelligencer |Case Digests

Philadelphia Taxi Assn, Inc. v. Uber Tech., Inc.

April 10, 2018

District court properly found that appellant taxicab owners and associations failed to allege any of the elements for a claim for attempted monopolization under §2 of the Sherman act and failed to allege antirust standing in their action against Uber because appellants own pleadings showed that Ubers entry into the market increased the number of vehicles-for-hire available to consumers, thus increasing competition and they never demonstrated specific intent to monopolize. Affirmed.

New York Law Journal |Analysis

AT&T/Time Warner: How Judge Leon's Experience in 'Comcast/NBCU' May Shape the Trial

Shepard Goldfein and Karen Hoffman Lent | April 09, 2018

In their Antitrust Trade and Practice column, Shepard Goldfein and Karen Hoffman Lent continue their discussion of the DOJ's suit to block AT&T/DirecTV's proposed acquisition of Time Warner. At the approximate midpoint of the trial, they return to consider how a vertical mega-merger from a few years ago—and a familiar face from that case—may provide some clues of what is to come.

New York Law Journal |Case Digests

Contant v. Bank of America Corp.

April 09, 2018

Suit Over FX Trading Dismissed; Standing Not Shown, Injunctive Relief Not Shown Available

The Recorder |News

In a Heller Ehrman Reunion, Orrick Partner David Goldstein Joins SF Boutique

Xiumei Dong | April 06, 2018

David Goldstein, an antitrust and litigation partner at Orrick, Herrington & Sutcliffe in San Francisco, recently left to join several of his former Heller Ehrman colleagues at Farmer Brownstein Jaeger & Goldstein, a Bay Area-based boutique that now has his name on its shingle.

National Law Journal |News

Anthem, Cigna Pay $3M in Legal Fees to States That Sued to Block Merger

Cheryl Miller | April 06, 2018

The plaintiff states will divide the settlement funds. California, Connecticut, New York, Georgia and the District of Columbia were among the states that challenged the proposed $54 billion tie-up.

New York Law Journal |Case Digests

Cont'l Bldg. Prods. Operating Co. LLC v. Lafarge N. Am. Inc.

April 02, 2018

Claims Alleged Conduct After Firm Bought Business; Indemnification Suit Dismissed

Connecticut Law Tribune |Case Digests

In re Aggrenox Antitrust Litigation

April 02, 2018

Court Certifies Aggrenox Settlement Class

New York Law Journal |Case Digests

N. Am. Soccer League, LLC v. U.S. Soccer Fedn, Inc.,

March 27, 2018

Preliminary Injunction Denied Where No Direct Direct Evidence of Antitrust Conspiracy

New Jersey Law Journal |Case Digests

Ragner Tech. Corp. v. Berardi

March 26, 2018

Defendants filed motions to dismiss for failure to state a claim, and for lack of personal jurisdiction, improper venue, and failure to state a claim.

New York Law Journal |Case Digests

Meyer v. Kalanick

March 23, 2018

Arbitration Provision in User Terms Enforceable; Plaintiff Waived Lack of Notice Evidence

The Legal Intelligencer |Case Digests

In re: Remicade Antitrust Litig.

February 13, 2018

Court appointed single-firm structure for interim class counsel where risks of increased costs and difficulty in managing multi-firm structure outweighed any benefits multi-firm structure had in effectively serving prospective class. Plaintiffs application to appoint interim class counsel granted.

New Jersey Law Journal |Case Digests

Baar v. Jaguar Land Rover North America, LLC

January 17, 2018

Plaintiff instituted the underlying class action alleging violations of the Sherman Act, 15 U.S.C. §1, various state antitrust and consumer protection laws and unjust enrichment, in connection with the imposition of defendants' no-export policy at the point of sale of defendants' products.