In re Payment Card Interchange Fee and Merchant Discount Litigation, 05-MD-1720 (JG)(JO): Reached a $7.25 billion antitrust settlement on behalf of a class of approximately seven million U.S. merchants who accept Visa and MasterCard credit cards and debit cards for the purchase of goods and services. The defendants included Visa and MasterCard, and major card-issuing banks such as JPMorgan Chase, Bank of America, Citibank, Wells Fargo, and Capital One. The settlement, which would have resolved the lawsuit, is believed to be the largest settlement of a private antitrust case in the 120-year history of the Sherman Act (15 U.S.C. §1 et seq.) and also included important reforms of the payment card industry. The settlement was granted final approval in the District Court on December 13, 2013 over the objections of several class members. Some of those objectors appealed from the final approval order, and on June 30, 2016 a panel of the United States Court of Appeals for the Second Circuit reversed and vacated the District Court’s order, and remanded the case to the District Court “for further proceedings not inconsistent with” the Court of Appeals’ opinion.
Kirk Dahl, et al. v. Bain Capital Partners, LLC et al., No. 07-cv-12388 (D. Mass.): Co-lead counsel representing public shareholders of target companies taken private in large leveraged buyouts in a class action suit against the largest private equity firms who allegedly conspired to suppress the acquisition prices for the target companies.
In re: Visa/MasterCard Antitrust Litigation, MDL 1575. Represented Best Buy, Inc. and Darden Restaurants (Red Lobster, Olive Garden) in antitrust challenge to anticompetitive conduct of Visa and MasterCard credit card networks.
Represented large agribusiness clients who were opt-out plaintiffs in In re Vitamins Antitrust Litigation, MDL 1285 (D.D.C.). The Vitamins litigation arose out of a decade-long price-fixing cartel of the major international vitamin manufacturers, and involved vigorously contested disputes regarding jurisdiction, foreign discovery, conspiracy, damages and expert issues. Clients included Land O' Lakes, Inc., Hormel Foods Corporation, CHS Co-Operatives, Gold'n Plump Poultry, and other large vitamin purchasers. The cases settled after discovery was complete, but before trial, for in excess of $250,000,000.
In In re Methionine Antitrust Litigation, MDL 1311, (N.D. Cal.), represented many of the same large agribusiness clients as in In re: Vitamins Antitrust Litigation. Involved a challenge to international price-fixing cartel. Settled for $35,000,000.
From 1995 until 1998, Mr. Wildfang was the lead counsel for 22 plaintiffs in the case of Concord Boat Co., et al. v. Brunswick Corp. (See reported decisions at 21 F. Supp.2d 923, 34 F. Supp.2d 1125 (E.D. Ark. 1998)). The case involved cutting edge antitrust claims of restraint of trade, monopolization and unlawful mergers. After a 10 week trial, on June 19, 1998 the jury returned a verdict in favor of plaintiffs on all counts, and awarded damages of $133,000,000, plus attorneys fees. The jury's verdict was reversed on appeal, 207 F.3d 1039 (8th Cir. 2000), cert. denied, 531 U.S. 979 (2000) on grounds later rejected in a Third Circuit case pursuing a similar legal theory (Prior to joining Robins Kaplan LLP).
In re Workers' Compensation Ins. Antitrust Litig., (D.Minn. 4-85-1166), 574 F. Supp. 525 (D.Minn. 1983); 867 F.2d 1552 (8th Cir.); cert. denied, 492 U.S. 920 (1989); 130 F.R.D. 99 (D.Minn. 1990); 771 F. Supp. 284 (D.Minn. 1991) (Prior to joining Robins Kaplan LLP), a precedent-setting case involving both the McCarran-Ferguson Act exemption for insurance companies, as well as the State Action Doctrine.
Midwestern Mach. Co., et al. v. Northwest Airlines, Inc., (D.Minn. 97-1438), 990 F. Supp.2d 1128 (D.Minn. 1998); rev'd, 167 F.3d 439 (8th Cir. 1999) (Prior to joining Robins Kaplan LLP).