Antitrust

Below are representative antitrust matters for Mr. Cavanaugh.

  • Secured a significant victory for a Fortune 500 publishing company with the full dismissal of a multi-district antitrust litigation in the Southern District of New York. The multi-district litigation consolidated a number of putative class action lawsuits alleging that our client, along with other textbook publishers and retailers, violated various federal and state antitrust laws through its implementation of Inclusive Access, a program authorized by federal regulation whereby students may be automatically billed for and automatically receive digital course materials selected by their professor.
  • Defending Fortune 50 manufacturers of biologics in antitrust actions brought by competitor, direct, and indirect purchasers.

  • Defend leading contact lens manufacturer in antitrust class action.

  • Obtained an affirmance in the Second Circuit for a Fortune 50 Pharmaceutical Company in a Robinson-Patman Act case brought by a group of retail pharmacies alleging that the defendant’s pricing practices harmed their ability to compete.

  • Representing a contact lens manufacturer in the defense of an antitrust lawsuit brought by a discount retailer alleging anticompetitive pricing. Also defending our client in follow-on consumer class action suits that have arisen over the alleged price-fixing of contact lenses.
  • Secured summary judgment for chocolate maker in antitrust price fixing case. The Third Circuit affirmed the decision.
  • Defended a major pharmaceutical company in federal multidistrict class and individual actions, and state class actions, arising from allegedly anti-competitive pricing in the brand name prescription pharmaceutical market. The district court granted summary judgment and the Second Circuit affirmed the decision.
  • Secured directed verdict on behalf of large U.S. pharmaceutical manufacturer in multi-defendant Sherman Act class action trial and argued appeal before Seventh Circuit on behalf of all manufacturers.
  • Defended pharmaceutical company in antitrust jury trial involving four different plaintiff groups arising out of ANDA patent litigation and product "switching."
  • Represented plaintiff in antitrust action involving alleged tying agreements for cancer drugs, including one week bench trial on preliminary injunction.
  • Defending one of the nation’s largest commercial banks as a defendant in a long-running series of litigations alleging violations of the antitrust laws by Visa, Mastercard, and a number of banks in the issuance of credit and debit cards. Several of the cases, including national class actions of merchants, have been settled.
  • Defended pharmaceutical company in antitrust cases arising out of ANDA patent litigation.
  • Advised corporate and trade group clients on a wide range of antitrust issues, including distribution rights, resale pricing, promotional programs and information exchanges.