Antitrust and Consumer Protection

In re Residential Doors Antitrust Litigation
This antitrust/price fixing class action was litigated in Philadelphia against our client, JELD-WEN, inc., and other national door manufacturers following a Department of Justice investigation that included a grand jury seated in Tampa, Florida. While other manufacturers entered plea agreements, JELD-WEN did not plead guilty and the criminal charges were dismissed against it. The class action was settled on terms JELD-WEN believed to be creative and very favorable.
In re Flat Glass Antitrust Litigation
We represented JELD-WEN, a large manufacturer of windows and doors, as an opt-out plaintiff in an antitrust price-fixing case filed in Portland, Oregon against manufacturers of flat glass. The case was consolidated in Pittsburgh with other similar cases by the Judicial Panel for Multidistrict Litigation. After successfully defeating multiple summary judgment motions and motions to exclude evidence, the case was settled with our client recovering more then its estimated actual damages and attorneys fees.
Seattle Hotels Price-Fixing Investigation
We represented the owner of the Seattle Sheraton in an investigation by the Washington State Attorney General’s Office and subsequent civil litigation regarding alleged price-fixing in the hotel industry. The case was ultimately settled on very favorable terms for our client.
FTC, DOJ and European Investigations
We have represented leading Northwest companies in price-fixing, merger, and other investigations by the Federal Trade Commission, U.S. Department of Justice, the European Competition Commission, and European member state competition authorities.
Franchise Matters
We have represented clients in franchise disputes involving numerous franchise systems, including franchisors such as Seattle’s Best Coffee, Sea Galley Stores, Plush Pippin Corporation, Sylvan Learning Corporation, Re-Max International, Muffin Break, U.S.A., Magic Dragon, and Lindal Cedar Homes (houses), as well as franchisees in the Taco Bell, Kentucky Fried Chicken, Great Expectations, Burger King, The Body Shop, Waterbeds West, Wicks ‘N Sticks, and Nevada Bob’s systems.
Distribution Disputes
We have represented both manufacturers and distributors in disputes all over the country arising out the termination of or other changes to the distribution relationship, including disputes involving Roland Corporation, JELD-WEN, KMS Hair Care, Ductmate Industries, Seven-Up, and Evinrude.
Canadian Lumber Antitrust Litigation
We represented a Canadian lumber manufacturer in a price-fixing class action lawsuit filed in Colorado. We succeeded in getting the case dismissed on jurisdictional grounds. See Rivendell Forest Products, Ltd. v. Canadian Forest Products Ltd., 810 F. Supp. 1116 (D. Col. 1993).
Costco v. Washington State Liquor Control Board
We successfully challenged Washington State’s minimum mark-up regulations for beer and wine as unlawful price-fixing under the federal antitrust laws.
Bellingham-Whatcom County MLS v. NWMLS
We represented Northwest Multiple Listing Service against claims of attempted monopolization arising out of NWMLS’s expansion into new markets. After limited discovery, we obtained summary judgment for NWMLS on all claims.
Benton County v. City of Richland
We represented a city government against monopolization claims brought by a local utility involving alleged tying of various utility services to the provision of electricity. We successfully argued for dismissal of the case before any discovery.
Safeway Consumer Class Action Litigation
We obtained a dismissal with prejudice of claims against Safeway in this putative nationwide class action. Plaintiffs asserted claims for Consumer Protection Act violations, contending that Safeway failed to comply with existing state and federal regulations governing the labeling of farm-raised salmon. We obtained dismissal of the case with prejudice.
Nevada Newspaper Litigation
We represented a small Nevada newspaper in antitrust and unfair competition claims against a national newspaper chain. The claim was settled by the parties after self-directed mediation.
Costco Rebate Litigation
We defended Costco in this putative nationwide class action filed in King County Superior Court arising from practices allegedly common to Costco’s 250 warehouse stores nationwide. Plaintiff asserted Consumer Protection Act violations, fraud and misrepresentations arising from alleged instances of Costco selling products with mail-in rebate promotions when the rebates had expired. The case was settled on favorable terms without discovery.
Microtek Consumer Protection Litigation
We defended a computer equipment manufacturer in a putative nationwide class action alleging Consumer Protection Act, misrepresentation and breach of contract claims. All claims against our client were dismissed with prejudice at the pleading stage without any discovery.