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US: Study says criticism of private antitrust action ‘exaggerated beyond recognition’

By  |  February 17, 2013

According to reports, a new academic paper is challenging growing criticism of antitrust suits, a trend that makes for difficult cases for competition plaintiffs’ lawyers. A report by Robert Lande of the University of Baltimore School of Law, and by Joshua David of the University of San Francisco School of Law, are arguing that the flaws in private antitrust enforcement – often cited by Judges as the reason for keeping meritless lawsuits at bay – are actually “exaggerated beyond recognition.” What’ more, the authors argue that the value of those private antitrust cases “have been seriously understated.” The paper, entitled “Defying Conventional Wisdom: The Case for Private Antitrust Enforcement,” goes against the growing hurdles lawyers face in private actions, though the authors mention that the paper should not impose assumptions on all private antitrust actions.

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