LCD Price-Fixing Trial Found Global Conspiracy Under Federal and Washington State Laws

SEATTLE, Wash. (October 27, 2014) - Perkins Coie successfully represented Costco Wholesale Corporation in a five-week antitrust price-fixing trial that resulted in a $37 million damage award. After trebling and attorneys’ fees, the award will total more than $110 million. The Washington state jury found in favor of Costco under both federal and Washington state antitrust laws.

Perkins Coie partners David Burman and Cori Gordon Moore filed the case for Costco in November 2010, alleging an industry-wide conspiracy among manufacturers of LCD panels to fix and stabilize the price of the panels for eight years. Costco purchased nearly $1 billion worth of televisions, monitors and laptops incorporating those panels during the period at issue.

One challenge was that the only retailer to go to trial previously was unsuccessful in proving liability against one defendant and recovered only limited damages from another.

This case was one of several opt-out cases consolidated for pretrial proceedings as multidistrict litigation in the Northern District of California but the first of the remanded cases to be tried to verdict. Opt-out cases are becoming increasingly common as manufacturers, retailers and other victims of a price-fixing conspiracy realize that they may obtain a significantly greater recovery as an opt-out than if they remain a member of a pending class action.

Led by Seattle partners David Burman and Cori Gordon Moore, the Perkins Coie team also included Seattle associates Eric Weiss, Nicholas Hesterberg and Steven Merriman.

Click here to read the jury verdict.

Perkins Coie is a leading international law firm that is known for providing high-value, strategic solutions and extraordinary client service on matters vital to our clients’ success. With more than 1,200 lawyers in offices across the United States and Asia, we provide a full array of corporate, commercial litigation, intellectual property, and regulatory legal advice to a broad range of clients, including many of the world’s most innovative companies and industry leaders as well as public and not-for-profit organizations.

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