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State of New York by Vacco v. Reebok Intern. Ltd.

Citation: 903 F. Supp. 532Docket: 95 Civ. 3143 (JGK)

Court: District Court, S.D. New York; October 20, 1995; Federal District Court

Narrative Opinion Summary

In this antitrust case, fifty states, the District of Columbia, Puerto Rico, and the Virgin Islands brought an action against Reebok International Ltd. and its subsidiary, The Rockport Company, alleging a conspiracy to fix retail prices of footwear, violating federal and state antitrust laws. The plaintiffs claimed that Reebok's pricing policies led to consumer overcharges, while the defendants denied liability. Following a two-year investigation, a Settlement Agreement was proposed, requiring Reebok to pay $9.5 million, primarily for public and non-profit athletic purposes, given the impracticality of direct consumer restitution. The court preliminarily approved the settlement, and after a fairness hearing, it was deemed fair, reasonable, and adequate. The defendants are subject to a five-year injunction preventing price-fixing agreements. The court's approval was based on factors such as the strength of the plaintiffs' case, the complexity and duration of litigation, and limited opposition to the settlement. The settlement aims to fulfill antitrust objectives without the burdens of individual claims, ensuring funds benefit the public interest. The court retains jurisdiction to enforce the terms of the Final Judgment and Consent Decree.

Legal Issues Addressed

Antitrust Conspiracy Allegations under Federal and State Laws

Application: The States alleged that Reebok and Rockport engaged in a conspiracy to fix retail prices, resulting in overcharges for consumers.

Reasoning: The States allege that the defendants engaged in a conspiracy to fix and maintain retail prices for certain footwear products, starting in 1990.

Assessment of Settlement Fairness in Antitrust Litigation

Application: The Settlement was deemed fair after considering factors such as strength of the case, litigation duration, and opposition to the settlement.

Reasoning: To evaluate the reasonableness and adequacy of a settlement, a court must assess five key factors: 1) the strength of the plaintiffs' case; 2) potential challenges in proving the case or strong defenses from the plaintiffs; 3) the expected duration and costs of further litigation; 4) the solvency of the defendants and prospects for recovery from a litigated judgment; and 5) the level of opposition to the settlement.

Distribution of Settlement Funds in Antitrust Cases

Application: The Settlement mandated a distribution of funds for public benefit, as individual consumer restitution was deemed impractical.

Reasoning: The Settlement Agreement mandates defendants to pay $9.5 million, with $8 million allocated for distribution in lieu of direct consumer restitution.

Judicial Approval of Class Action Settlements under Rule 23(e)

Application: The court found the Settlement Agreement fair, reasonable, and adequate, following a comprehensive review and a hearing.

Reasoning: The Court concludes that the Settlement Agreement is fair, reasonable, and adequate.

Prohibition of Price Fixing under Antitrust Laws

Application: The Final Judgment prohibited Reebok from entering agreements to fix retail prices, ensuring compliance with antitrust provisions.

Reasoning: Reebok is subject to a five-year injunction against violating specific antitrust provisions and must inform dealers they can independently set advertising and pricing for Reebok products.