Adam J. Zapala

Adam J. Zapala, a partner at Cotchett, Pitre & McCarthy, LLP, has been engaged in numerous antitrust matters involving the food that ends up on most of America’s dinner tables.

He has been lead counsel for the Commercial & Institutional Indirect Purchaser Plaintiffs, which is suing the likes of Foster Farms, Tyson Foods, Perdue Farms and other chicken processors for allegedly agreeing to restrict production of broilers to increase the price.

Within the multidistrict litigation, he has secured nearly $115 million in settlements approved by the court. In re: Broiler Chicken Antitrust Litigation, 1:16-cv- 08637 (N.D. Ill., filed Sept. 2, 2016).

His role was pivotal in obtaining class certification, cross-examining expert witnesses, examining other witnesses and delivering closing arguments in a multiday evidentiary hearing. With the trial scheduled for next year, Zapala continues to prepare rigorously.

Another significant case under his leadership is the In re Deere & Company Repair Services Antitrust Litigation. This case, which is a part of the “right-to-repair” movement, sees farmers suing John Deere for alleged monopolization of the repair services market.

Zapala led the arguments against Deere’s motion to dismiss, highlighting the case’s potential in determining the role of antitrust law in monopolizing aftermarket or repair markets. The case alleges that John Deere unlawfully tied the sale of agricultural equipment with repair services, creating a closed ecosystem where only Deere and its authorized dealers can conduct repairs. This litigation stands at the forefront of a strong political movement among farmers, supported by state legislation.

“I believe the ‘right to repair’ Deere litigation will be very significant in terms of determining whether antitrust law has a role to play in firms monopolizing or attempting to monopolize the aftermarket or repair market,” Zapala said. “This case has the potential to have far-reaching implications in a number of industries.”

In addressing the significant challenges in these cases, Zapala argued against a substantial motion for judgment on the pleadings by Deere, resulting in a three-hour hearing due to the case’s complexity. The Department of Justice’s involvement, via a statement of interest, underscores the case’s significance.

Zapala also addressed emerging trends in antitrust law, particularly the challenges posed by Artificial Intelligence. He noted the importance of understanding the antitrust implications of AI, such as algorithmic pricing and AI’s role in fair competition, including copyright concerns.

Additionally, he advocates for reform in the Department of Justice’s amnesty program saying, “On this issue, I would say both defense and plaintiff counsel share a common cause. The feedback we are getting from defense counsel is that DOJ’s amnesty program is broken, there is a general lack of trust, and the process is too costly and uncertain. The effect of this has been the filing of far fewer cartel cases. It isn’t that cartels don’t exist. They just aren’t being held to account because firms have decided that the benefits of amnesty are outweighed by their costs. We need to change that calculation.”