Lex Machina is proud to release its 2023 Antitrust Litigation Report, which provides insights into antitrust litigation trends in federal district court and appellate court over the five-year period from 2018 to 2022. This report surveys emerging trends in case filings (including federal appellate cases), most active venues, judges, law firms, parties, timing metrics, case resolutions, findings, and damages. The report often focuses on different sets of data, e.g., filtering cases in order to provide analytics on DOJ/FTC enforcement contested cases, MDL Master cases, and federal appellate cases.
Key Trends and Highlights from the report include:
- In 2022, 371 antitrust cases were filed, the lowest number of cases filed in any year over the past decade.
- The highest number of antitrust cases was filed in the Northern District of California, while Judge Howell from the District Court for the District of Columbia was the most active judge for antitrust cases.
- A large bulk of the most active plaintiffs were pharmaceutical companies, while food production companies dominated the most active defendants.
- Quinn Emanuel Urquhart & Sullivan represented plaintiffs in the highest number of antitrust cases filed in the five-year period from 2018 to 2022.
- Gibson, Dunn & Crutcher represented defendants in the highest number of antitrust cases filed in the five-year period from 2018 to 2022.
- For antitrust cases that were appealed to a federal appellate court and terminated from 2018 to 2022 with a decision on the merits of the appeal, 34% were ultimately reversed.
Legal Analytics is used for planning, budgeting, and litigation strategy. The metrics in this report can help readers decide who to pursue as clients, whether to file a particular motion, or when to settle (and for how much). This research supplements traditional legal research and anecdotal data in order to gain a competitive edge in litigation.
Lex Machina hosted a webcast to discuss the report on April 20, 2023 with Anna Rathbun (Partner at Latham & Watkins), Ron Porter (Lex Machina’s Legal Data Expert in Antitrust Litigation), and Aria Nejad (Lex Machina’s in-house counsel). View a recording of the report webcast.
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