Bernard Persky

Antitrust Litigator

With more than four decades of experience as an antitrust litigator, Bernard Persky played key roles in numerous high profile class actions, securing major recoveries totaling well over $1 billion that serve to protect businesses, consumers, and the public at large. Persky has been honored to receive high praise from the bench and the bar, notably, in County of Suffolk v. Long Island Lighting Co., in which he served as co-lead trial counsel, the Second Circuit upheld a $400 million class settlement and quoted the sentiment of the trial judge, Hon. Jack B. Weinstein, that “counsel [has] done a superb job [and] tried this case as well as I have ever seen any case tried.” 907 F.2d 1295, 1327 (2d Cir. 1990).

Persky successfully defended a major department store chain in a complex antitrust class action involving price fixing among retailers, a case that was heard by the U.S. Supreme Court. Moitie v. Federated Dept. Stores, Inc., 452 U.S.394 (1981).

Persky served as Co-Lead Class Counsel in In re Disposable Contact Lens Antitrust Litigation, In re Keurig Green Mountain Coffee Antitrust Litigation, Anastasio v Total Gas & Power NA, Inc., and In re Optiver Commodities Manipulation Litigation. He has represented a generic drug manufacturer in an FTC antitrust investigation of an alleged unlawful reverse payment settlement of Hatch-Waxman litigation as well as several health insurer plaintiffs in their suit against defendant Mylan Laboratories Inc., among others, for violating various state antitrust statutes.