Court Rulings Take Toll On Private Antitrust Plaintiffs

By Matthew Perlman and Bryan Koenig (April 3, 2019, 8:20 PM EDT) -- Private plaintiffs have a better than 50-50 chance of winning antitrust cases that make it to trial, according to a new report from Lex Machina, but getting there is a trial in itself due to court rulings making it harder to win class certification and fend off dismissal motions and summary judgments.

In a new report, the legal analytics firm found that of 182 cases with antitrust claims to resolve without a settlement between 2016 and 2018, the defendant won 133 times out of the 145 cases to end on summary judgment or judgment on the pleadings, almost 92% of the time. But in...

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