ANALYSIS: Federal Antitrust Complaints Sliding Into Year End

Antitrust complaints in federal court are up this year compared to 2019 — but antitrust complaints during 2020 have been on a long slide downward since a very strong February.

That’s not terribly surprising. Starting in March, most federal courts have been under modified procedures that make prosecuting a lawsuit (particularly one in which the right to a jury trial is important) more uncertain. Furthermore, many companies that might file an antitrust lawsuit are struggling to regain their own footing as markets fundamentally shift. It might not be the natural time to file “bet the firm” litigation in federal court. ...