Attorneys in this Practice

Antitrust Litigation

Zwerling Schachter has acted or is presently acting as a lead counsel or member of an executive committee in numerous class actions involving antitrust and deceptive trade practices, including:  Cipro Cases I and II, J.C.C.P. Nos. 4154 and 4220 (Cal. Super. Ct. San Diego County); In Re Oxycontin Litigation, S.D.N.Y., 04 MDL No. 1603; In re Neurontin Antitrust Litigation, D.N.J., MDL No. 1479; In re Tamoxifen Antitrust Litigation, E.D.N.Y., MDL No. 1408; Karofsky v. Abbott Laboratories, et al., Case No. CV-95-1009 (as well as in 10 related cases in other state courts); In Re Lorazepam and Clorazepate Antitrust Litigation, D.D.C., MDL-1290 (TFH) (as well as in 11 related cases in state courts); Newman v. DuPont Merck Pharmaceutical Company, Sup. Ct. Cal., Case No. 788358; In Re Ciprofloxacin Hydrochloride Antitrust Legislation, E.D.N.Y., Master File No. CV-00-4428 MDL No. 1383; and In re Playmobil Antitrust Litigation, E.D.N.Y., 95 Civ. 2896.

Zwerling Schachter was a member of the Steering Committee for plaintiffs in In Re: Insurance Brokerage Antitrust Litigation, D.N.J., MDL No. 1663 04-CV-5184 and 05-CV-5533 (“Insurance Brokers”).  In Insurance Brokers, settlements totaling over $300 million were obtained.

Zwerling Schachter was one of the three class counsel in Rodriguez v. West Publishing Corporation, C.D. Cal., Case No. 05-3222, where a $49 million settlement of antitrust claims was approved by the Court and affirmed by the Ninth Circuit Court of Appeals on behalf of a class of law graduates enrolled in the BAR/BRI bar review courses.

Zwerling Schachter has also represented union health and welfare funds in litigation to recover damages for price-fixing and other anti-competitive conduct.  Such actions have included:  In re Norvir Abbott Laboratories Antitrust Litigation, N.D. Ca., Case No. 04-1511; In Re Tamoxifen Citrate Antitrust Litigation, E.D.N.Y., MDL No. 1408 (ILG); and Cipro Cases I and II, Judicial Council Coordination Proceeding Nos. 4154 and 4220, Sup. Ct. San Diego Co.

Cipro Cases I and II alleges claims involving "reverse payments" or "pay-for-delay." ZSZ has obtained a partial settlement of $74 million with the brand manufacturer.  The case is continuing against the remaining defendants.

In In re Norvir Abbott Laboratories Antitrust Litigation, N.D. Cal., Case No. 04-1511, Zwerling Schachter represented the SEIU International Health Fund against Abbott Laboratories in an action for monopoly leveraging under Section 2 of the Sherman Antitrust Act, as well as the California Unfair Competition law and state law unjust enrichment.  In August 2008, the parties reached a settlement whereby thirteen not-for-profit organizations shared almost $5 million in cy pres funds. 

Zwerling Schachter was appointed co-lead counsel for plaintiffs in numerous related indirect purchaser actions brought against Mylan Laboratories, Inc. regarding injury to competition and monopolization, as well as price fixing.  Those actions included an action in federal court, In Re Lorazepam & Clorazepate Antitrust Litigation, D.D.C., MDL-1290 (TFH) and resulted in settlements of over $100 million.  Zwerling Schachter represented both union health and welfare funds, as well as private insurers.

Zwerling Schachter was co-lead counsel and a member of the Executive Committee in eleven actions filed against the major pharmaceutical manufacturers alleging violations of state antitrust laws for charging higher prices to consumers who purchased brand name prescription drugs from retail pharmacies.  Those cases resulted in a $65 million settlement.