The Antitrust Review of the Americas 2009

More of the same: growth in private antitrust litigation and cutbacks by the US Supreme Court

In prior articles, we have pointed out two long-term and countervailing trends in US private antitrust litigation. On the one hand, the number of private antitrust cases filed in the US has grown dramatically in recent years, and the scope of these lawsuits has widened to include, as a routine matter, foreign corporate defendants caught up in government investigations around the world.1 On the other hand, the US Supreme Court has consistently made it more difficult for private plaintiffs, across a range of different antitrust causes of action, to plead and win cases.2 Both trends continued apace in the last year.

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