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.