Antitrust and Competition:
Cartels

• Representative Engagements: Criminal Enforcement
• Representative Engagements: Private Litigation

Orrick’s Antitrust and Competition Group, working with our white collar defense practice, handles the defense of criminal cartel prosecutions on behalf of companies and individuals around the world.

Our cartel team includes several former U.S. federal prosecutors with extensive experience in antitrust criminal enforcement in the United States, and who have represented both U.S. and foreign companies and their executives and employees.

In Europe, one of our lawyers is a former member and director of the Cartels Division of the Irish Competition authority—the first European agency to bring a criminal cartel enforcement action—and also served as a member of the Advisory Committee of the European Commission in Brussels for cartel cases.

Our lawyers also have participated in international cartel enforcement working groups at the OECD in Paris and for the International Competition Network in Seoul and Bonn. The government experience of these lawyers provides invaluable insights and perspectives in defending clients in cartel investigations.

We are highly regarded for our ability to represent clients in multi-jurisdictional government competition investigations in the United States, Europe and Asia. Our lawyers have defended companies or senior corporate officials from Asia and Europe in the marine hose cartel case and the U.S. DOJ investigations of alleged price-fixing in the DRAM, SRAM, LCD and CRT industries, among others.

Each of these matters required close coordination and teamwork; we not only advised our clients on the internal investigations but we also directly participated in sensitive negotiations with government agencies.

Many criminal cartel investigations spawn follow-on civil litigation in the United States. Our lawyers have been involved in some of the largest price-fixing cases in the United States, including DRAM, SRAM and Vitamin C—the first U.S. civil price-fixing cases brought against China-based companies.

We are known for our skill and expertise in seamlessly coordinating and managing the defense of government enforcement actions and civil cases regardless of the industry. Our team has handled cross-border cartel investigations and private litigation for individuals and companies in a vast array of industries, including high technology, electronics, chemicals, food processing, vitamins and manufacturing.

Our unique blend of experience and insight enables us to represent clients effectively in cartel investigations, no matter where in the world they arise, which industries are affected, or how vast and complex the legal actions.

Representative Engagements: Criminal Enforcement

• Asian DRAM Manufacturer. Our lawyers represent an Asian DRAM manufacturer in connection with the EU’s investigation of the DRAM industry.
• Herbicide Manufacturer. Our lawyers represented a target of the EU and U.S. DOJ parallel cartel investigations in the global herbicide markets.
• Dywidag-Systems International, Inc. Our lawyers represent Dywidag-Systems International, a Munich-based bridge-building company, in a bid-rigging and price-fixing investigation conducted by the U.S. DOJ.
• Toy Manufacturer. Our lawyers represented a major toy manufacturer before the French Competition Authorities and the Paris Court of Appeal in an alleged cartel involving price fixing, market surveillance and price-checking systems.
• Heinz. Our lawyers prepared an economic effect study for Heinz in a cartel investigation before the Italian Antitrust Authority involving the infant formula industry.
• China Internal Investigations. Our lawyers have conducted internal investigations of possible price-fixing agreements in China.
• Samsung. Our lawyers represent current or former Samsung employees in connection with the DRAM price-fixing investigation by the U.S. DOJ. We prevailed on a Fifth Amendment grand jury issue against the DOJ, resulting in a published decision from the Ninth Circuit in favor of our clients.
• Electronics Manufacturer. Our lawyers represented an electronics manufacturer before the French Competition Authorities with respect to an alleged cartel with its main competitor in the calculator market.
• Oil Company: Our lawyers represented an oil company before the French Competition Authorities with respect to an alleged cartel in the aviation fuel supply sector.
• Gas Company. Our lawyers represent a gas company before the French Competition Authorities in the investigation underway relating to the LPG sector.
• Japanese Electronics Executive. Our lawyers represent a senior executive of a Japanese electronics manufacturer in connection with the LCD price-fixing investigation by the U.S. DOJ.
• Asian Electronics Executive. Our lawyers represent a senior company executive based in Asia in ongoing price-fixing investigations of cathode ray tubes by both the European Commission and the U.S. DOJ.
• European Marine Hose Executive. Our lawyers represent a senior company official of a European manufacturer in the multiple investigations of price fixing and bid rigging in the marine hose industry.
• NEC Executive. Our lawyers represent a senior executive of NEC in connection with the U.S. DOJ’s bid-rigging investigation arising out of the government’s E-Rate program.
• Philippines Long Distance Telephone Company Executive. Our lawyers represent a senior executive of Philippines Long Distance Telephone Company in connection with a price-fixing investigation conducted by the U.S. DOJ.
• Data Processing Company Executive. Our lawyers represent a senior executive of a data processing company in connection with the investigation of bid rigging in the child support payment processing industry by the U.S. DOJ.
• Other Criminal Enforcement Matters. Our lawyers have represented corporations or individuals in connection with other federal criminal price-fixing and bid-rigging investigations, including in the fiberglass yarn industry, the farm-raised catfish industry, the bucket and pail industry, the moving and storage industry, the detergents industry, and in connection with government contracts in a variety of industries.

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Representative Engagements: Private Litigation

• Nanya Technology Corporation. Our lawyers obtained summary judgment for Nanya Technology Corporation in In re DRAM Antitrust Litigation., the first victory for any of the defendants in the DRAM proceedings.
• Jiangsu Jiangshan Pharmaceutical Co., Ltd. In the first-ever U.S. antitrust actions filed against Chinese-based companies, our lawyers represent Jiangsu Jiangshan Pharmaceutical Co. in federal and state antitrust litigation involving the alleged price fixing of Vitamin C products.
• Sony. Our lawyers represented Sony against allegations of price fixing in In re SRAM Antitrust Litigation litigation, in which all civil claims against the Sony defendants were dropped.
• Mosel Vitelic. Our lawyers represent Mosel Vitelic in price-fixing cases brought in In re DRAM Antitrust Litigation, In re SRAM Antitrust Litigation and In re Flash Memory Antitrust Litigation.
• Halcor S.A. Our lawyers obtained full dismissal of claims against Halcor S.A. in In re Copper Tubing Antitrust Litigation, based on an innovative argument challenging the court’s subject matter jurisdiction under the Foreign Trade Antitrust Improvements Act.
• Equifax. Our lawyers obtained a defense verdict for Equifax after a three-week jury trial, defeating a California Cartwright claim alleging that Equifax had conspired with two of its larger resellers to fix prices for credit reports.
• Auto Parts Case. Our lawyers are defending a manufacturer of automotive parts and its California distributor in lawsuits alleging that auto parts manufacturers conspired to fix the wholesale price of certain so-called aftermarket auto parts.
• Heinz. Our lawyers obtained a ruling from the U.S. Court of Appeals dismissing class action claims seeking US$650 million for an alleged conspiracy to fix the wholesale price of baby food in the United States.
• Honda Motor Co., Ltd. Our lawyers defended Honda in lawsuits across the United States alleging that major automakers violated federal and state antitrust laws by purportedly blocking imports of cars from Canada.
• DHL. Our lawyers represent DHL, the largest buyer of air cargo services, in pursuing remedies against the air cargo cartel.
• BHP Copper. Our lawyers recovered US$77 million for the plaintiffs in the Commercial Explosives Antitrust Litigation.

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