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Practice Areas
Antitrust Litigation
The antitrust practice group at Bernstein Litowitz Berger & Grossmann LLP prosecutes traditional
price-fixing and restraint of trade cases. A growing component in the firm's commercial litigation
practice, the group utilizes both class action litigation methods and individual representation in federal
and state courts throughout the United States. The antitrust group has prosecuted cases against manufacturers
and producers of goods and services for illegal price fixing, illegal tying arrangements and other violations
of the antitrust laws.
Antitrust laws exist in order to protect our free-market system. These laws were enacted to protect our
competitive market from monopoly, price-fixing and unfair trade practices, such as bid rigging and price
discrimination that reduce competition and endanger our free-enterprise system. Antitrust laws protect
consumers and businesses from anticompetitive practices that unfairly inflate prices. Consumers and businesses
are often injured by price collusion, abuse of market power and deceptive or fraudulent business practices.
Antitrust laws also prohibit mergers and acquisitions that can potentially inhibit competition and create a
monopoly. Antitrust class action cases are usually brought by individuals and businesses that have been injured
by anti-competitive conduct of suppliers, purchasers and competitors. Our firm has developed the expertise and
knowledge to represent consumers and businesses in a wide range of antitrust litigation against businesses
that have engaged in antitrust violations.
A growing area in antitrust litigation is the development of cases against drug manufacturers for suppressing
generic competition. Brand name drug manufacturers essentially hold a legal monopoly for a drug while it is
under patent protection. Once the patent expires, generic drug makers may enter the market by offering the
generic version of the drug at a significantly lower price which increases competition for the brand name
drug manufacturer. In order to maintain monopoly pricing, brand name drug manufacturers have engaged in
improper tactics such as bringing patent infringement litigation against generic manufacturers, entering
into collusive license agreements with generic manufacturers and fraudulently extending the life of their
products' patents.
If you feel that you have been the victim of anti-competitive actions and would like to discuss your potential
claims, please contact Gerald Silk at 1-800-380-8496.
Have a question relating to our
fields of expertise?
See answers to Frequently Asked Questions.
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