Survey: Antitrust cases climbing

Antitrust filings in federal courts were up in 2023 after dropping the previous year, according to an annual survey.

Lex Machina’s Antitrust Litigation Report, released Thursday, found that the Northern District of California saw the most antitrust cases in the nation, driven by complaints against tech companies in Silicon Valley. The 9th U.S. Circuit Court of Appeals handled the highest number of appeals in antitrust matters.

The California Department of Justice was the most active legal entity representing plaintiffs in antitrust cases between 2021 and 2023, the survey found. Latham & Watkins LLP represented the greatest number of defendants.

Federal courts in Illinois and New York also saw increases in antitrust filings.

Antitrust filings peaked in 2015 because of a few large cases including the airline price-fixing case. After that, there was a steady decline in filings but then a small rebound. Domestic Airline Travel Antitrust Litigation, 15-MC-01404 (consolidated Oct. 13, 2015)

According to Lex Machina’s findings, 534 antitrust cases were filed in federal courts between 2021 and 2023, with $3.2 billion in damages awarded as approved class action settlements. Among antitrust cases appealed to a federal appellate court and terminated during the same time periods with a decision on the merits, 30% were subsequently reversed.