Christopher T. Micheletti

Micheletti is a commercial litigator at Zelle LLP with extensive experience in antitrust litigation. In three of his current cases, class actions involving price-fixing claims have gotten a boost from federal investigations by government prosecutors.

"Department of Justice involvement is always helpful," he said, "though there's still a long road to a successful civil resolution."

In one case involving antitrust claims against domestic and foreign manufacturers of a key computer component, the defendants are arguing strenuously against class certification--even though one defendant group is an amnesty applicant under the Department of Justice antitrust division's leniency program and another has pleaded guilty to price fixing and was fined $28.5 million. In re: Hard Disk Drive Suspension Assemblies Antitrust Litigation, 3:19-md-02918 (N.D. Cal., transfer order issued Oct. 8, 2019).

To demonstrate that a conspiracy existed, Micheletti--who with his firm is co-lead counsel representing the potential end-purchaser consumer class--could point in court papers to one of the defendant's plea agreement with prosecutors, which came just days before the class actions were consolidated in the Northern District.

According to the plea agreement by NHK Spring Co. Ltd. of Yokohama, Japan, NHK and the other defendants engaged in discussions and attended meetings with each other at which the "reached agreements to refrain from competing on prices for, fix the prices of...HDD suspension assemblies to be sold in the United States and elsewhere."

Even so, the defendants moved to dismiss Micheletti's complaint on a variety of grounds, including the plaintiffs' standing to sue and that the hard drive suspension assemblies at issue are too small and insignificant to affect the plaintiffs.

"Even when one or more defendants pleads guilty in a case, their lawyers can still come up with arguments against civil liability," Micheletti noted.

But he came back hard in opposing the dismissal motion in court papers filed June 1, 2020. Regarding the "too small" argument, Micheletti quoted Senior U.S. District Judge Claudia Wilken of Oakland's remarks in a different antitrust matter: "Defendants may not shield themselves from liability by fixing prices on a relatively inexpensive item."

In a different case, Micheletti and colleagues this year settled for $49 million an antitrust class action alleging that railroad equipment suppliers conspired to reduce pay for workers. "They settled before the motions to dismiss were filed," he said of the defendants. "There was an earlier DoJ settlement where they basically admitted they participated." In re: Railway Industry Employee No-Poach Antitrust Litigation, 2:18-mc-00798 (W.D. Penn., filed Aug. 13, 2018).

And in a third antitrust class action, this one over price-fixing in the canned tuna industry, multiple defendants have pleaded guilty in separate federal proceedings. The defendants are currently appealing a class certification order. In re: Packaged Seafood Products Antitrust Litigation, 3:15-md-02670 (S.D. Cal., transfer order issued Dec. 9, 2015).

"It's all about seeking relief for consumers," Micheletti said.

-- John Roemer