Report: Antitrust Litigation Trends and Insights 2019

Lex Machina

Lex Machina is excited to release its Antitrust Litigation Report highlighting trends and insights through 2018.

Antitrust litigation is a complex and unique area of law and this analytical review of over 9,000 cases included in Lex Machina’s database showcases customized insights that supplement traditional research and accumulated experience. 

Practitioners can use the 29-page report to plan their litigation strategy accordingly.

[Click here to request your personal copy of the full report.]


Report Highlights: Antitrust Litigation Trends & Insights

Case Filings

  • Overall antitrust filings between January 1, 2009 and December 31, 2018 peaked in 2015. Case filings in 2018 were the lowest since 2011.
  • Antitrust case filings excluding MDL Associated cases have remained steady since 2009, except for a noticeable drop in filings in 2017.
  • The most active district for antitrust filings between 2016 and 2018 was the Eastern District of Pennsylvania with nearly 16% of filings. 
  • In 2017, this district saw a spike in litigation alleging anticompetitive behavior by generic drug makers.


  • Overall, median time to case termination was 341 days or around eleven months. In Contested DOJ/FTC Enforcement cases, the median time to termination was 127 days.

Most Active Districts and Judges

  • The most active district for antitrust filings between 2016 and 2018 was the Eastern District of Pennsylvania with nearly 16% of filings.
  • Nearly 73% of Contested DOJ/FTC Enforcement cases were heard in the District Court for the District of Columbia. 
  • Judge Cynthia M. Rufe in the Eastern District of Pennsylvania and Judge Marianne O. Battani in the Eastern District of Michigan oversaw the most antitrust cases filed between 2016 and 2018. 
  • Judge Battani had the most cases with damages.

Most Active Parties & Law Firms

  • The top defendants between 2016 and 2018 were mainly pharmaceutical companies involved in the generic drug litigation.
  • Pork products manufacturers were the top defendants when excluding MDL Associated cases.
  • Cuneo Gilbert & Laduca was the top plaintiffs’ law firm in cases filed 2016 to 2018. The top defendants’ law firms were Kirkland & Ellis, Morgan Lewis & Bockius, and Gibson, Dunn & Crutcher.
  • Jones Day and Arnold & Porter Kaye Scholer were the top law firms for defendants in Contested DOJ/FTC Enforcement cases.

Case Resolutions & Findings

  • In looking at cases resolved between 2016 and 2018, Contested DOJ/FTC Enforcement cases resolved at trial eight times. Of those that resolved at trial, the government claimant won seven times. However, in June 2018, AT&T won at trial when the court ruled that its merger with Time Warner, Inc. did not violate the Clayton Act.
  • The other antitrust cases include 37 cases that resolved at trial, plus another 145 that resolved with either a judgment on the pleadings or summary judgment decision.


  • 2017 had the largest number of cases with antitrust damages since 2009. However, 2016 and 2018 each have more damages awarded overall.


Customized Insights for Antitrust Litigation Practitioners

The 29-page Antitrust Litigation Report offers an in-depth look at case filings, case timing to key milestones, top districts and judges, most active parties, top law firms, case resolutions and findings, and damages awards. 

Click here for free, immediate access to findings in the entire report.

Written by:

Lex Machina

Lex Machina on:

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