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ANTITRUST

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Our Nation’s antitrust laws were intended to be “a comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade.”

For five decades, Kohn Swift’s antitrust lawyers have represented businesses and individuals across the United States fighting against companies that engaged in anti-competitive practices. During that time, our firm has worked to foster healthy and fair business competition through individual and class action antitrust lawsuits.

Kohn Swift’s founder, Harold E. Kohn, gained national recognition in the 1960s when he obtained the largest antitrust verdict ever achieved at that time representing plaintiffs in the Electrical Equipment Antitrust cases.

Since then, Kohn Swift has been appointed as lead or co-lead counsel in numerous antitrust class actions throughout the country. Further, we are one of few firms that has successfully taken these difficult and complex cases to trial.

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REPRESENTATIVE ANTITRUST MATTERS

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LARGEST
ANTITRUST
INVESTIGATION
IN U.S. HISTORY

Class Action Lawsuit
Recovered $359 Million To Date

Kohn Swift has served as co-lead counsel since 2012 in 28 direct purchaser cases alleging price fixing and bid rigging for numerous automotive parts. The criminal investigation has been described as the largest in Department of Justice history. To date, Kohn Swift and its co-counsel have obtained over $359.5 million in recoveries.

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CONSPIRACY
TO ARTIFICIALLY
INFLATE PRICES
FOR PACKAGED ICE

Multidistrict Litigation
for Violation of the
Sherman Antitrust Act

Kohn Swift was selected to serve as sole lead counsel for a class of direct purchasers of packaged ice from among numerous well-credentialed law firms. The class was defined as “All purchasers of Packaged Ice who purchased Packaged Ice in the United States directly from any of the Defendants or their subsidiaries or affiliates at any time during the period from 2001 to 2008.” The case settled for $26.5 million.

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ADVOCATING
FOR ALL
CONSUMERS

Kohn Swift was part of the team that successfully litigated antitrust claims on behalf of a class of direct purchasers of cheese and butter against large dairy cooperatives and their trade association that were alleged to have agreed to reduce the supply of milk in order to raise the price of cheese and butter. The case settled for $220 million.

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BATTLING
DISHONEST
COMPANIES
FOR FARMERS

Dramatized in the
Matt Damon Film,
The Informant!

In this class action, the court appointed Kohn Swift sole lead counsel in the first-of-its-kind sealed bid “auction” procedure in an antitrust case, concluding: “Although a small firm by today’s megafirm standards, it has amply demonstrated its ability to handle major litigation.” The case settled for more than $50 million.

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FIGHTING FOR
FAIRNESS IN THE
MARKETPLACE

Kohn Swift represented a roofing distributor claiming its competitors and material suppliers organized a group boycott against his company. After Kohn Swift successfully obtained reversal of a summary judgment for the defendants, the case settled.

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KEEPING
AUTOMOTIVE
COMPANIES
HONEST

Kohn Swift was selected to serve as co-lead counsel for a class of direct purchasers alleging price fixing of Automotive Refinishing Paint. Settlements totaling $105.75 million were achieved for plaintiffs and the class.

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PIONEERING ANTITRUST LAWYERS

1960s

Kohn Swift’s major influence in antitrust class action lawsuits dates back to the 1960s when over 1800 antitrust cases were filed against over a dozen manufacturers of electrical equipment that engaged in a massive price fixing conspiracy. The firm’s founder, Harold E. Kohn, tried the first case that went to trial in what came to be known as the Electric Equipment Antitrust Litigation. Kohn won an unprecedented $29 million verdict (more than $230 million in today’s dollars).

1980s

Kohn Swift attained another record victory, winning a $2 billion judgment in a plywood industry antitrust action, the largest antitrust verdict in history at that time.

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ANTITRUST AND UNFAIR COMPETITION LAW

Antitrust and unfair competition laws protect consumers from inflated prices and lower quality products and services by ensuring that businesses engage in fair and honest competition.

Federal and state antitrust and unfair competition laws accomplish this by outlawing activities that interfere with a free, open, and competitive marketplace. Prohibited anti-competitive practices include:

  • Price fixing and bid rigging
  • Customer and market allocation
  • Group boycotts and refusals to deal
  • Monopolies
  • Pharmaceutical pay for delay of generic drugs
  • Tying/bundling of products or services

BEST LAWYERS HAS NAMED KOHN, SWIFT & GRAF AS A 2023 “BEST LAW FIRM”

Kohn, Swift & Graf, P.C. has achieved a Tier 1 ranking in Philadelphia in the area of antitrust law.

“The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys, and review of additional information provided by law firms as part of the formal submission process. Firms who have at least one lawyer who has been recognized in the previous edition of Best Lawyers in a practice area and metro area currently ranked by “Best Law Firms” are eligible to receive a ranking.”

Joseph C. Kohn, William E. Hoese, Robert J. LaRocca, and Douglas A. Abrahams were selected for inclusion in Best Lawyers© in the area of antitrust litigation in 2021.

Zahra R. Dean was selected for inclusion in Best Lawyers© “Ones to Watch” in the area of mass torts litigation/class actions in 2021.