Antitrust Law Daily Wrap Up, ANTITRUST—N.D. Cal.: Lead counsel in price fixing action against Korean noodle producers conditionally appointed, (Feb 12, 2014)

By Jeffrey May, J.D.

The law firms of Hausfeld LLP and Glancy Binkow & Goldberg LLP have been conditionally appointed interim co-lead counsel in the direct purchaser actions consolidated against producers of Korean noodles for allegedly conspiring to fix prices. The federal district court in San Francisco said that it would enter a final order regarding appointment of interim lead counsel after Hausfeld provided information on an alleged conflict (In Re Korean Ramen Direct Purchaser Antitrust Litigation, February 3, 2014, Orrick, W.).

The appointment of these firms as co-lead counsel was conditioned on Hausfeld satisfactorily addressing an alleged conflict regarding DR & AJU, a Korean law firm associated with Hausfeld. The possible conflict was raised by Lowey Dannenberg Cohen & Hart, P.C. at a February 3 hearing, apparently without prior notice to other plaintiffs’ counsel, the court noted. Lowey Dannenberg referenced press releases and news articles regarding DR & AJU’s representation of the Korean Fair Trade Commission (KFTC). The KFTC issued a July 12, 2012 order, finding that Korean noodle producers had conspired to fix the prices and imposing monetary and injunctive relief, including 136 billion won (approximately U.S. $120 million) in fines.

Hausfeld represented on the record that there was no basis to the allegation that the firm could be disqualified as a result of the work performed by DR & AJU. While the court accepted the firm’s representation, it called on Hausfeld to provide a more detailed description of DR & AJU’s representation of the KFTC and an explanation of why it did not present a conflict. The court said that it would enter a final order regarding appointment of interim lead counsel after reviewing Hausfeld’s submission, which was by the firm on February 10.

This is Case No. 13-cv-04148-WHO.

Attorneys: Steven Noel Williams (Cotchett Pitre & McCarthy LLP) for Pitco Foods. Christopher L. Lebsock (Hausfeld LLP) for Direct Purchaser Plaintiffs. Richard Alexander Saveri (Saveri & Saveri Inc.) for Summit Import Corp., El Jarocho Inc., and Diaz Wholesale & Manufacturing Co. Inc. Mark C. Dosker (Squire Sanders [US] LLP) for Nong Shim America Inc.

Companies: Summit Import Corp.; El Jarocho Inc.; Diaz Wholesale & Manufacturing Co. Inc.; Nong Shim America Inc.; Pitco Foods

Cases: Antitrust CaliforniaNews