Tech Antitrust Litigation: Battles Sharpen as Courts Probe Venue, Class Risk, and Remedies
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Private antitrust litigation against technology companies has accelerated and matured in recent years, influencing where and how these disputes are fought. This Working Paper reviews trends through the lifecycle of a case, including key patterns in venue, dispositive motion practice and class certification. There is also a unique pattern of remedies in these disputes. The key points that emerge are as follows:
- four venues predominate;
- the rule of reason increasingly prevails;
- judicial assessment of expert testimony is increasingly complex;
- class-certification fights are game changers; and
- remedies go beyond damages.
Together, understanding these trends is critical for all parties involved as they strategize throughout these dynamic cases.
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Authors
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Matthew Provance is a Partner with Mayer Brown LLP practicing in the firm’s Chicago, IL office. He represents clients in complex civil antitrust litigation involving both monopolization and conspiracy claims and consumer class actions involving data privacy issues. Mr. Provance previously served as a law clerk to the Honorable Robert J. Conrad, Jr., US District Judge for the Western District of North Carolina.
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Rachel J. Lamorte is a Partner with Mayer Brown LLP practicing in the firm’s Washington, D.C. office. She represents clients across sectors in complex antitrust investigations and litigation in tribunals around the globe. She is a member of the American Bar Association Section of Antitrust Law and serves as a Co-Chair of its Global Private Litigation committee.
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Catherine Medvene is an Associate with Mayer Brown LLP practicing in the firm’s Washington, D.C. office. She represents clients on complex commercial and contract litigation, antitrust, trade secret, and international and domestic commercial arbitration. Catherine represents national and multinational corporations across a variety of industries, including food and beverage, agricultural, banking and financial services, software, and technology services.
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