Trends in Private Federal Antitrust Litigation: Class Actions Driving Growth, but the Supreme Court Makes it Harder for Private Litigants to Prevail

Partners Scott Hataway (DC), Thomas Dillikrath (DC), and Associate Maren Schmidt (DC), co-wrote “Trends in Private Federal Antitrust Litigation: Class Actions Driving Growth, but the Supreme Court Makes it Harder for Private Litigants to Prevail,” which was featured in GCR’s Review of Antitrust of the Americas.

“Following a dramatic increase in the number of filings of private federal antitrust cases during the past 10 years, practitioners witnessed a marked decline in the number of such cases filed over the last 12 months. This decline parallels the economic downturn and may simply reflect a short-term reluctance on the part of potential litigants to risk capital in times of unprecedented economic uncertainty. But this decline also coincides with key Supreme Court jurisprudence that continues to raise the bar for private plaintiffs to plead and prove federal antitrust violations. Only time will tell whether private antitrust filings have truly leveled off, but the combination of economic recovery, increased financial incentives, and the promise of aggressive government enforcement suggests that the first half of 2009 may simply be the calm before the storm.”