Becoming the Target of an Antitrust Lawsuit: Essential Considerations
Becoming the target of an antitrust lawsuit is a daunting prospect for any business. Antitrust lawsuits are often time-consuming and expensive to defend, and the consequences of losing a case can be severe. Under the Sherman Act (the primary federal antitrust statute), a prevailing plaintiff is entitled to treble damages, injunctive relief, and compensation for the costs of bringing the case, including attorneys’ fees. In all but the smallest cases, awards can skyrocket into the many millions of dollars. Antitrust cases can also involve significant reputational harm. In the case of certain conduct deemed per se
illegal, like price fixing or bid rigging, there may even be criminal liability.
Although all antitrust cases are different and require individualized strategy and analysis, there are some high-level considerations that apply in virtually all cases. This alert provides an overview of these considerations.
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