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Hamilton, Brown & Babst
Pan American Life Center
601 Poydras Street
Suite 2750
New Orleans, LA 70130

Phone: 504.566.1805 
Toll Free: 1.800.869.0283
Fax: 504.566.1569
 

Liberty Leading the People
Eugene Delacroix
 

Minimum Advertised Pricing Class Action Asserting Price-Fixing Violations of the Sherman Act

The Attorneys of Hamilton, Brown & Babst represented the national class representatives, and handled the distribution of the settlement to Louisiana class members, in a nation-wide class action brought on behalf of consumers of pre-recorded music CD’s against the five largest U.S. distributors of compact discs, and three large music retailers. The suit was filed on behalf of individuals resident in Louisiana and several other states. It was ultimately maintained, in concert with other attorneys, on behalf of individuals and businesses resident in Louisiana and eight other states and businesses in fifty states. The case sought damages on account of the defendants’ adoption and implementation of minimum advertised pricing policies in violation of the Sherman Act. Those policies facilitated collusion in the retail pricing of CD’s. The defendants ultimately agreed to pay a settlement totaling $143 million -- in the form of $67.3 million in cash to be paid to individuals and $75.7 million worth of CDs to be distributed nationwide to public entities and to non-profit organizations as a cy pres distribution. In the case, the firm worked closely with Steven Steingard of Philadelphia's Kohn, Swift & Graf, P.C.

Claims in the case were asserted by the attorneys general of 41 states and by representatives of individuals, including the Attorneys of Hamilton, Brown & Babst, asserting class claims in federal courts around the country. The cases were consolidated in, and assigned to, the United States District Court for the District of Maine where the settlement was concluded.