Robert A. Horowitz (RH 2814)
Karen Y. Bitar (KB 8764)
Toby S. Soli (TS 4493)
GREENBERG TRAURIG, LLP
885 Third Avenue
New York, New York 10022
(Tel.) 212-801-2100
(Fax) 212-688-2449
Michael P. Socarras (DC Bar 418127)
GREENBERG TRAURIG, LLP
800 Connecticut Avenue, N.W.
Washington, DC 20006
(Tel.) 202-331-3100
(Fax) 212-331-3101
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BDO SEIDMAN, LLP, :
:
Plaintiff,
:
:
-
against- : COMPLAINT
:
:
AMERICAN INSTITUTE OF CERTIFIED PUBLIC : Plaintiff demands
ACCOUNTANTS, CPA2BIZ, INC., and SHARED : Trial by Jury
SERVICES LLC, :
:
Defendants.
:
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Plaintiff BDO Seidman, LLP ("BDO"), as and for its complaint herein, alleges as
follows:
1. This is an action against the American Institute of Certified Public Accountants
("AICPA"), the AICPA's for-profit subsidiary CPA2Biz, Inc. ("CPA2Biz"), and Shared Services
LLC ("Shared Services"), which is a joint venture between the AICPA and State Societies
SNIPPETS:
GREENBERG TRAURIG, LLP
New York, New York 10022
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Plaintiff BDO Seidman, LLP, as and for its complaint herein, alleges as
This is an action against the American Institute of Certified Public Accountants
which is a joint venture between the AICPA and State Societies
CPA2Biz, a business that operates on the World Wide Web at www.cpa2biz.com.
Leveraging the AICPA's and Shared Services' monopoly power, Defendants have
licensing solely to CPA2Biz the membership databases the AICPA and the state CPA societies
CPA2Biz is a for-profit corporation organized and existing under the laws of the
SSNI is a not-for-profit corporation that is controlled by and purports to represent
The membership of the AICPA comprises approximately seventyfive percent of all individual
Certified Public Accountants" only if all of its owners or partners are individual members of
The Expanding Demand For Products And Services From CPA Firms
Thus, in January 1994, BDO launched the BDO Seidman Alliance of Accounting and
BDO is not the only firm that competes in the Relevant Market.
If open and fair competition were allowed to continue, existing competitors would
In explaining its purported need, on behalf of the profession, to enter into the
CPA2Biz's Exclusive and Unfair Competitive Advantages
The stated purpose of the national database is to reduce costs and eliminate redundancies in
conspiracy in restraint of trade in violation of Section 1 of the Sherman Act,
The agreement, concerted action, or conspiracy between the Defendants,
By reason of the foregoing acts of unfair competition,
Plaintiff BDO respectfully requests that the Court enter judgment and:
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