Trends In Securities Cases Based On Antitrust Allegations

By Samuel Groner and Andrew Cashmore (July 5, 2018, 1:19 PM EDT) -- It has become commonplace for a company's disclosure of the existence of regulatory, state, criminal and/or other investigations into allegedly anti-competitive conduct to trigger the filing of class action securities litigation against the company. The resulting securities cases typically are premised on the theory that the company failed to disclose, in alleged violation of federal securities laws, that it was engaged in the supposed underlying anti-competitive conduct.

Securities class actions of this type are just one example of what are sometimes referred to as "event-driven" securities cases. As professor John C. Coffee Jr. has explained, whereas "[t]raditional securities class actions usually...

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